Our very own Jack Leitner successfully persuaded a Judge on appeal to overturn a conviction imposed by the Local Court against our client for a charge of possessing an unauthorised firearm.
The Case
This case involved an incident where the Police were called to a unit complex early one morning following reports of a male who was lying in the corridor of a block of units. This male was later discovered to have passed out after consuming a large quantity of alcohol and other drugs whilst holding a Glock pistol, with his finger on the trigger. Encountering this scenario would no doubt have been a frightening prospect for anyone to come across, let alone the Police, who at that stage would not have known whether the firearm was real, loaded, or what the person in question had intended to do with it. Police later raised the male who appeared startled by Police and after a short struggle, the male was arrested and handcuffed by Police.
After an investigation, the firearm in question was actually a gel blaster gun which is capable of firing pellet style ammunition. Gel blasters are illegal to possess in NSW. Given its strikingly similar appearance to a real firearm, and therefore its ability to cause fear if placed in the wrong hands, replica firearms are outlawed in NSW.
Parramatta Local Court Decision and District Court Appeal
Our client was convicted and fined in the Local Court and chose to appeal his conviction to the NSW District Court. Although firearm offences are objectively serious, and ordinarily involve significant penalties being imposed, we were able to highlight the key issues and circumstances of our client’s matter. This resulted in the Judge, on appeal, quashing the conviction and fine imposed by the Local Court at first instance and discharging our client without a conviction being recorded against him by way of a Conditional Release Order without conviction. This is another example of our ability to obtain successful outcomes for our client. A fantastic outcome and one very happy client!
If you require assistance with any criminal law matter, please contact us to speak with one of our experienced criminal lawyers and advocates.
