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These tables are intended to be used as a guide only. Individual cases should be read if they are to be relied upon.

 

Sell Prohibited Firearm or Weapon to Unauthorised Purchaser
Section 51(1A) Firearms Act 1996

(1A) A person (the seller) must not sell, or knowingly take part in the sale of, a prohibited firearm or pistol to another person (the purchaser) unless:

(a) the purchaser is authorised to possess the prohibited firearm or pistol by a licence or permit, and

(b) the following documents have been produced to, and inspected by, the seller:

  1. the purchaser's licence or permit, and
  2. if the purchaser is not a licensed firearms dealer—the purchaser's permit to acquire the firearm (or the equivalent of any permit that is issued under the law of another State or Territory in respect of the prohibited firearm or pistol concerned).
     
    Maximum penalty: 20 years.
    Standard non-parole period (conviction entered or plea taken on or after 1.1.2008) - 10 years

Name
(age if known)

OffencePleaSentence at First InstanceResult on AppealSummary of RecordFacts

Dunn

(20)

[2003] NSWCCA 169

Knowingly take part in supply of prohibited firearms

 

Knowingly take part in supply of unauth firearms s.51(1A)

 

Armed robbery

 

Sched:

Take and drive conveyance

PG

 

6y

NPP 3y

 

 

 

FT 2y 3m

 

 

 

 

3y 9m

NPP 2y

 

Total:

8y

NPP 5y

Crown AA

7y

NPP 3y 9m

 

 

FT 2y 3m

 

 

 

 

5y

NPP 3y

 

Total:

10y

NPP 6y 9m

Criminal record – firearms offences breached bail

Stole car from hospital car park and used it for robbery – reversed car into bank and robbed tellers with tyre lever – stole $40,000 – careful planning in company – brokered sale of forty firearms while on bail from first offences – guns included:

two Baikal guns (including a 12 gauge double barrelled shotgun)

four Lithgow repeating rifles

Mauser repeating rifle

New England firearm rifle

BSA rifle

Zado Crvena Zastava rifle

Howard

(63)

[2004] NSWCCA 348

Sell proh firearm

 

 

Sell proh firearm

PG

(20% all factors)

3y 6m

NPP 2y

 

2y 3m

NPP 2y 6m

(concurrent)

ADnil

Sold two pistols to undercover police officer – offered to sell two more pistols and silencer to same officer – pistols sold in Queensland knowing they would be taken to NSW

CZ85 self-loading pistol - $2500

9 millimetre Smith & Wesson self-loading pistol - $2000

Found in possession of more firearms the subject of Qld charges

Prior good character

KC

(52)

[2009] NSWCCA 110

Sell proh firearm

 

 

Unauth sale of firearm part

 

Unauth possession of barrel for prohibited pistol

 

2 x Unauth possess of proh weapon

 

Sched:

2 possess ammo

PG

(50%)

5y 2m

NPP 2y 2m

 

FT 10m

 

 

FT 6m

 

 

 

 

FT 2y

 

Total:

7y

NPP 4y

AA

To correct technical error – same effective sentence imposed

Length record for serious robbery and firearms offences – breached parole

Sold Norinco .45 calibre pistol with a magazine and four .45 calibre magazines with a ten round capacity for use in the pistol to undercover officer for $3,500 – also in possession of 750 rounds of .45 calibre ammunition – found on subsequent occasion in possession of .22 calibre Jennings semi-automatic pistol, silencer for pistol, spare firearm barrel for pistol and 25 live rounds of .22 calibre ammunition

Valuable assistance

Parkes

(23)

[2013] NSWCCA 167

2 x sell proh firearm

 

 

2 x possess proh firearm

 

Recklessly cause GBH

 

Sched:

Possess cannabis

 

7y 6m

NPP 5y

 

3y

NPP 2y

 

4y 6m

NPP 3y 4m

 

Total:

9y

NPP 6y 6m

AA

7y 6m

NPP 5y

 

3y

NPP 2y

 

4y 6m

NPP 3y 4m

 

Total:

9y

NPP 6y

Minor

SNPP 10 years

Involved in sale of two non-commercially manufactured 9mm submachine gun with large capacity magazines and sound suppressor to undercover police officer for $15,000 each – minor player in planned and organised criminal activity

History of chronic and severe substance abuse

Failure to give effect to special circumstances

Truong

 

 

 

 

 

 

Le

(27)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Nguyen

(28)

 

[2013] NSWCCA 36

s.51(1A)

 

 

s.51(1A)

 

Sched:

4 offences

 

s.51(1A)

 

 

s.51(1A)

 

 

2 x manuf proh firearm

 

Possess proh firearm

 

Supply meth

 

Sched:

4 offences

 

 

 

s.51(1A)

 

 

s.51(1A)

 

2 x 25A supply meth

 

Supply meth

 

Possess proh weapon

 

Proceeds of crime

 

9 x s.166 driving offences

 

Sched:

6 offences

PG

(25%)

 

 

 

 

 

PG

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PG

(25%)

8y

NPP 5y

 

4y

NPP 3y

(concurrent)

 

 

3y 6m

NPP 1y 9m

 

4y 6m

NPP 2y

 

2y

NPP 12m

 

18m

NPP 9m

 

2y 6m

NPP 1y 3m

 

Total

7y 9m

NPP 5y 3m

 

Indicative

5y

 

3y

 

5y

 

2y

 

5y

 

 

2y

 

4m

 

Agg

9y

NPP 6y

AD

 

 

 

 

 

 

Crown AD

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AD

Crown AD

Short record – breached bond

 

 

 

 

 

Nil

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

lengthy

SNPP 10 years

L supplied to T – T supplied to N – N supplied to undercover officer – each took profit

Bruni pistol

.25 calibre Melior Pistol

L 'manufactured' firearms by replacing handle on one and putting pieces of second one together – much discussion in relation to further supplies – offences part planned and organised criminal activity

L found in possession of taser, unassembled firearm and 42.35g methamphetamines

L – difficult childhood

N – supplied 14.14g and 13.42g methamphetamines – found in possession of $50,700 cash and 19.1g methamphetamines and .32 calibre Colt pistol

Sward

(48)

[2014] NSWCCA 259

Sell proh firearm

 

 

 

 

3 x sell proh firearm

 

2 x supply proh drug

 

s.166

False report to police

 

Sched:

4 offences

PG

Indicative

4y 5m

NPP 2y 5m

 

 

4y 5m

NPP 2y 5m

 

2y 5m

NPP 1y 5m

 

FT 6m

 

Agg

4y 6m

NPP 2y 6m

Crown AA

Indicative

5y

NPP 3y 3m

 

4y 6m

NPP 3y

 

4y

 

 

FT 6m

 

Agg

7y

NPP 4y 6m

Old GIC offences

SNPP 10 years

Member of bikie gang involved in drug dealing over 12 months – indictment offences involved 28gm methamphetamine and 50 ecstasy pills – supplied 4 handguns to discharge drug debt – registered owner of guns but supplied to member of bikie gang – falsely reported guns as stolen – offences just below mid-range

Joined gang late in life – since left

Godfrey

(21)

[2016] NSWCCA 271

Att sell proh firearm

 

 

 

Possess proh firearm

 

 

 

Possess proh firearm

 

 

Police pursuit

 

3 x s.25A supply

 

 

s.166

2 offences

 

Sched:

4 offences

PG

(25%)

Indicative

6y

NPP 3y 9m

 

3y 6m

NPP 2y

 

2y 6m

NPP 1y

 

1y

 

3y

 

Agg

8y

NPP 5y

ADLimited

SNPP 10 years

Attempted to sell shortened .22 rifle given to him by a friend after possessing rifle for four years - .45 calibre handgun and magazine found in bedroom – supplied methamphetamine and ecstasy over three months – substantial; drug dealer

Last updated: 12/10/2017

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