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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.

 

Unauthorised Possession or Use of Prohibited Firearm/Pistol
Section 7(1) Firearms Act 1996

A person must not possess or use a prohibited firearm or pistol unless the person is authorised to do so by a licence or permit.  

Maximum penalty 14 years - (maximum penalty increased from 10 years to 14 years on 1 July 2001)
Standard non-parole period (for offences committed after 1.2.2003) - 3 years
Standard non-parole period (for offences committed on or after 21.8.2015) - 4 years 

Name
(age if known)

OffencePleaSentence at First InstanceResult on appealSummary of RecordFacts

Silk

(39)

[2003] NSWCCA 370

2 x possess proh pistol

 

 

2 x possess proh rifle

 

Poss proh weap – s7(1) Weapons Prohibition Act

 

Supply cannabis leaf

 

Cultivate cannabis leaf

PG

3y

NPP 2y

 

 

1y 4m

NPP 1y

 

3y

NPP 2y

 

 

1y 4m

NPP 1y

 

1y 4m

NPP 1y

 

Total:

5y

NPP 4y

AA

3y

NPP 1y

 

1y 4m

NPP 1y

 

3y

NPP 1y

 

 

1y 4m

NPP 1y

 

1y 4m

NPP 1y

 

Total:

5y

NPP 3y

Lengthy record

49 cannabis plants and 2kg harvested cannabis found on property – also found in possession of two pistols, two rifles and taser stun guns – drugs primarily for personal use

Genuine remorse

Mouloudi

(20)

[2004] NSWCCA 96

Possess proh pistol

 

 

Possess proh pistol

 

Sched:

7 offences including possess firearm and possess ammunition

PG

(20% on appeal)

4y 6m

NPP 2y 6m

 

 

4y 6m

NPP 2y 6m

(concurrent)

Crown AA

6y

NPP 4y

 

6y

NPP 4y

(concurrent)

Previous custody - possess unauth firearm - possess proh weapon - supply drugs - mal wound

Breached bond and bail

SNPP 3 years

Two firearms located on respondent during police body search – both firearms loaded – one pistol stolen – offence aggravated by fact that respondent attempted to reach for weapon during search amounting to threatened use - offence "far more serious than an offence in the middle range of seriousness"

Special circumstances – rehabilitation prospects due to age

SJ erred as to maximum penalty – incorrectly thought maximum penalty was 5 years not 14 years

Goktas

(30)

[2004] NSWCCA 296

Possess proh pistol

PG

(25%)

4y

NPP 2y 6m

AA

2y

NPP 15m 20d

 

Delivered tool box containing machine gun being sold to undercover operative – not involved in sale – giving friend a lift - unaware contest of tool box until entered house – joint possession for mere minutes

Webb

(32)

(2004) 149 A Crim R 167

Possess proh pistol

 

 

Possess handcuffs

 

 

Mal damage property

 

Sched:

3 x firearms offences

PG

(10%)

2y 8m

NPP 16m

 

FT 9m

(concurrent)

 

FT 12m

(concurrent)

 

Total:

3y 3d

NPP 20m 3d

(4m 3d PSC)

AD

Record – breached bond

Used sword and submachine gun to cause $35,000 damage to unit – shot five times by police

Exhibiting signs of paranoia – heavy drug use

Krstic

(38)

[2005] NSWCCA 391

Possess proh pistol

 

 

GIC

 

 

Possess ammunition

 

 

Possess steroids

 

Possess methylamphet

PG

2y 8m

NPP 2y

 

FT 2m

(concurrent)

 

Rising of the court

 

 

$50 fine

 

$50 fine

AD

Not stated.

SNPP 3 years

Loaded pistol found in motor vehicle during police search when reporting to Police Station as part of requirements to Immigration Department.

On conditional release from Villawood Detention Centre having entered Australia illegally.

AA

(25)

[2006] NSWCCA 55

Possess proh pistol

 

Possess proh pistol

 

Cultivate cannabis

 

Sched:

Various offences

PG

2y

NPP 12m

 

FT 6m

(concurrent)

 

12m

NPP 6m

(concurrent)

Crown AD

 

SNPP 3 years

Found in possession of colt .45 pistol, two unloaded magazines, 600 rounds of ammunition, bullets and cannabis seeds - 87 cannabis plants found in garage – 18m later found in possession of loaded .22 calibre pistol – carried pistol for protection after being assaulted for assistance given to police

Suffering depression at time of offence – cannabis grown for personal use

Sentence inadequate but appeal dismissed.

Whitfield

(60)

[2006] NSWCCA 362

Possess proh pistol

 

 

Possess unreg firearm

VG

4y

NPP 3y

 

 

12m

(concurrent)

AA

4y

NPP 2y 3m

 

12m

(concurrent)

Supply drug; GIC – breached bail

SNPP 3 years

Female – unloaded pistol located during search of property – within mid-range

Special circumstances includes accumulation of sentence, age, extension of first experience of prison and depressive disorder.

Logan

(23)

[2006] NSWCCA 416

Possess proh pistol

 

 

BES w/intent

PG

2y

NPP 14m (suspended)

 

(300 hours CSO)

Crown AD

 

SNPP 3 years

Went with co offender to retrieve money owed by victim to co offender - Police search located items including loaded magazine for pistol, baton and roll of tape – pistol, discarded by offender located in nearby area - below mid-range for objective seriousness - pistol carried in self-defence – no evidence pistol obtained for unlawful purpose.

Strong subjective circumstances – army service in East Timor – major depression – excellent rehabilitation – little chance of reoffending - "Difficult and most unusual case."

Yang

(48)

[2007] NSWCCA 37

Possess proh firearm

 

Possess false instrument

 

Possess implement to make false instrument

PG

(10%)

4y

NPP 2y 9m

 

FT 15m

 

 

FT 15m

 

Total

5y 3m

NPP 4y

AD

Nil

SNPP 3 years

Loaded firearm located at premises – serial number removed – false credit cards and drivers' licences also located – implements used to make false cards located.

Cramp

(59)

[2008] NSWCCA 40

Possess proh pistol

 

Possess unreg firearm

 

Sched:

Use prohibited pistol

2 x possess unreg firearms

PG

s.9 GBB 2y

 

 

s.10 No conviction

AD

Nil

SNPP 3 years

Proprietor of firearms and security business holding number of licences – in possession of two pistols for which no approval obtained – in industry for 26 years.

Breaches were not trivial or technical.

Marracos

(30)

[2008] NSWCCA 267

Possess proh pistol

 

 

Possess ecstasy

 

Possess equip for manufacture

 

Possess proh weapon (baton)

PG

(20%)

4y

NPP 18m

 

 

FT 1m

 

FT 16m

 

 

FT 18m

 

Total:

5y 6m

NPP 3y

AA

3y

NPP 18m

 

FT 1m

 

FT 16m

 

 

FT 12m

 

Total:

4y 5m

NPP 2y 10m

nil

SNPP 3 years

Found in possession of extendable baton and loaded colt .45 calibre semi-automatic handgun - part of 'sophisticated international enterprise' to manufacture LSD in Australia – organiser and facilitator in Sydney – not principal – greed - mid-range of objective seriousness

Difficult childhood - refugee from Iraq - special circumstances - good rehabilitation prospects

Thalari

(26)

[2009] NSWCCA 170

Possess proh pistol

 

Possess loaded firearm

 

Supply ecstasy

 

Sched:

6 offences

PG

(30%)

3y 6m

NPP 2y

 

FT 18m

 

FT 12m

(concurrent sentences)

AD

Limited – breached bail

SNPP 3 years

Loaded .22 calibre self-loading pistol found in car with drugs and ammunition – supplied drugs on small scale – 4.82g ecstasy

Tran

(30)

[2010] NSWCCA 183

 

 

 

 

 

 

 

Co-offender:

DO

CHOMPEAY

Possess proh pistol

 

 

Possess proh weapon

 

Possess unreg firearm

 

Sched:

possess ammo without licence

PG

(25% on appeal)

4y 8m

NPP 3y 6m

 

 

FT 9m

 

 

FT 2y 4m

 

Total:

4y 11m

NPP 3y 9m

AA

4y 3m

NPP 3y 2m

 

8m

NPP 6m

 

FT 2y 2m

 

Total:

4y 6m

NPP 3y 5m

Record including mal inflict GBH

SNPP 3 years

Passenger in vehicle pulled over by police – various weapons found in possession of occupants – offender in possession of working Taser-type device, copper bullet and .25 calibre pistol with a magazine with six live rounds – no explanation

Insufficient discount for guilty plea.

Do

(32)

[2010] NSWCCA 182

 

 

 

 

Co-offender:

CHOMPEAY

TRAN

Possess proh pistol

 

 

Possess unreg firearm

 

Sched:

Ammo offence

Drug offence

PG

(25% on appeal)

6y

NPP 4y 6m

 

 

FT 2y 8m

(concurrent)

AA

5y 3m

NPP 3y 11m

 

FT 2y 2m

(concurrent)

Lengthy record – breached parole

SNPP 3 years

Driver of vehicle pulled over by police – various weapons found in possession of occupants – offender in possession of a .32 calibre Beretta pistol with magazine with live rounds and 0.027g methylamphetamines in pocket – offence considerably above mid-range

Insufficient discount for guilty plea – previous involvement with gangs – drug and gambling abuse

Chompeay

(27)

[2011] NSWCCA 96

 

Co-offenders:

TRAN and DO

Possess proh pistol

 

 

Possess unreg firearm

PG

(25% on appeal)

5y 4m

NPP 4y

 

 

FT 2y 6m

(concurrent)

AA

5y

NPP 3y 9m

 

FT 2y 4m

(concurrent)

Lengthy – AR – GIC

On bail at time of offences.

SNPP 3 years

Driver of vehicle pulled over by police – various weapons found in possession of occupants.

Insufficient discount for guilty plea.

Athos

(27)

[2013] NSWCCA 205

Possess prohibited pistol

 

2 x Possess prohibited bolt gun

 

Possess proh weapon (handcuffs)

 

Possess proh weapon (silencer)

 

2 x possess proh weapon (magazine)

 

Sched:

8 Offences

PG

(25%)

5y

NPP 3y

 

2y

 

 

FT 12m

 

 

 

FT 18m

 

 

FT 2y

 

Total:

6y

NPP 4y

AD

Nil

SNPP 3 years

Found delivering bag containing guns, ammunition, handcuffs, detachable weapons magazines and silencer – further ammunition found at home – brought guns down from Queensland - delivering bag to persons with criminal records – would have been aware of real chance weapons would be used for criminal activity

History of depression

El Masri

(39)

[2014] NSWCCA 13

Possess proh pistol

 

PG

(25%)

3y

NPP 1y 8m

AD

Assault

SNPP 3 years

Former member of motorcycle club – received threats to himself and family - brother assaulted – weapon acquired for self-protection.

Good character – extra-curial punishment: business suffering due to imprisonment

Farrell

[2014] NSWCCA 30

 

[2015] NSWCCA 68

Possess proh pistol

 

Sched:

4 offences

PG

(25%)

s.11 Deferral sentence

 

2 years imprisonment to be served by way of ICO

(9.5 months PSC)

Crown AD

 

 

Crown AD

 

SNPP 3 years

Weapon hidden in motor vehicle on offender's work premises – located during police search - below mid-range of seriousness

SJ erred deferring sentence for surgery but no practical benefit in allowing Crown appeal

Atkinson

(34)

[2014] NSWCCA 262

Possess proh pistol

 

 

 

Possess proh pistol

 

 

Supply heroin

 

Sched:

4 offences

PG

(25% on appeal)

10y

NPP 7y

 

 

10y

NPP 6y

 

FT 2y

 

Total

11y

NPP 7y

AA

8y

NPP 5y 3m

 

8y

NPP 4y 3m

 

FT 2y

 

Total

9y

NPP 5y 3m

Not serious offences – some dealt with by mental health legislation

SNPP 3 years

Standover man providing services for persons engaged in organised crime – weapons and related material found in house – had agreed to obtain money from someone - .22 calibre Ruger self-loading pistol - .45 calibre automatic Colt pistol – worst case

Significant psychiatric problems – significant dysfunctional; background – failure to give full discount - parity

Raniga

[2016] NSWCCA 36

Possess proh firearm

 

Sched;

2 related offences

PG

(25%)

4y 6m

NPP 3y

AD

Rob in company offences

SNPP 3 years

Probation member of motor cycle club – travelling in taxi with another member followed in car by president – SKS model self- loading rifle in boot with ammunition – upper end of mid-range – connection to motor cycle club and presence of ammunition aggravating factors

Alrubae

(18)

[2016] NSWCCA 142

Possess proh firearm

 

 

 

Possess proh pistol

 

Sched:

4 firearms offences

PG

(25%)

Indicative

4y

NPP 2y

 

3y

NPP 1y 6m

 

Agg

5y

NPP 2y 6m

AD

Juvenile – robbery, affray, assault – breached bonds

SNPP 3 years

Replica pistol and sawn-off shotgun found under garbage in industrial area – offender subsequently arrested near scene – no evidence as to intended use of firearms – pistol mid-range offence – shotgun above mid-range offence

Sutton

(51)

[2016] NSWCCA 249

Possess proh pistol

 

Supply methamphet

PG

(10%)

 

PG

(25%)

Indicative

2y 6m

 

2y

 

Agg

4y

NPP 3y

(partially concurrent to existing sentence)

AD

Lengthy – breached parole

SNPP 3 years

Supplied 5g methamphetamine to nephew – in subsequent search of house showed police location of .22 calibre rifle, bullets and silencer – weapons belonged to someone else – below midrange

 

Lamis

[2016] NSWCCA 274

Possess proh pistol

 

 

Proceeds of Crime offence

 

Sched:

Possess knife

PG

(25%)

3y 9m

NPP 2y 3m

 

2y 6m

NPP 18m

(concurrent)

AD

Breached bond – history of assaults, sexual offences, robbery, weapons

SNPP 3 years

Accompanied several persons involved in drug deal to collect money– carried loaded 9mm Sig Arms semi-automatic pistol in bag into Casino – gun not removed from bag and no threats made but prepared to use weapon if required – mid-range

Difficult personal history – mental health issues – drug addiction

Tassis

[2017] NSWCCA 143

Possess prohibited pistol

 

Possess unauth pistol

 

Supply prohibited drug

 

Sched:

4 x supply

Proceeds crime

PG

(25%)

3y 9m

NPP 2y

 

3y 9m

NPP 2y

 

2y 3m

NPP 14m

 

Total

4y

NPP 2y 9m

AD

Nil

SNPP 3 years

Travelled to Brisbane and purchased 14g methamphetamine and semi-automatic self-loading pistol and magnum revolver with 6 rounds ammunition – gun purchase opportunistic and for self-protection – arranged to have guns and drugs mailed to home in NSW – further drugs and $20,000 found in house including 171.4g methamphetamine, 27.4g amphetamine and 3.2g cocaine

Long term drug user – otherwise good character

Krisovic

(24)

[2017] NSWCCA 167

Possess proh pistol

 

 

Supply proh drug

 

 

Drive disqual

 

Police pursuit

 

Proceeds of crime

PG

(50% plea and assist)

3y 6m

NPP 2y

 

 

2y 3m

NPP 18m

 

FT 3m

 

FT 4m

 

2y GBB

AA

Indicative

3y

 

2y 3m

 

 

3m

 

4m

 

Total

4y

NPP 2y 6m

Includes weapons offences – breached bail

SNPP 4 years

Drove away from police car – short pursuit – loaded pistol, 19.04g and $440 found in car – mid range offence

Good prospects of rehabilitation

Mariam

[2017] NSWCCA 292

​Possess prohibited pistol

 

Induce another to falsely claim responsibility for firearm w/i pervert course of justice [14y]

​PG
​4y

NPP 3y

 

5y

 

Total:

6y

NPP 4y 6m

​ADRobbery, assault with intent
SNPP 3 years

Police located .45 calibre automatic self-loading pistol together with detachable magazine loaded with 10 .45 automatic cartridges, within ceiling cavity in laundry of offender's premises – offered $35K and Toyota vehicle to as payment for K to sign statutory declaration that firearm belonged to K – K signed statutory declaration and received Toyota motor vehicle - sentenced on basis at some stage exercised control over weapon by possessing it – no finding that offender owned weapon

Reasonable prospects of rehabilitation – supportive wife and family

Last updated: 30/11/2017 

 

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