Charges
Charge 1: Prohibited Person Possess Firearm
Charge 2: Possess Methamphetamine (Trafficable Quantity)
Charge 3: Possess Butanediol.
The Problem
Sentencing statistics show that majority of those convicted for the charge of ‘prohibited person possessing a firearm’ are sentenced to a term of imprisonment. The accompanying drug possession charges added to the cumulative sentencing position.
Our Approach
A key consideration when sentencing firearms possession offences is whether the firearm is associated with other criminal activity. Where the illegal firearm possession is found to be for a criminal purpose, a more severe sentence is warranted. In this case, our approach focused on establishing a clear distinction between that and the nature of our clients offending. There were no aggravating features, and the firearm was located on a farming property.
Outcome
According to sentencing statistics, only one percent for those sentenced with this offence, receive a fine or less.
Why This Case Matters
This case highlights the importance of having an experienced advocate provide an explanation of the offending, highlight mitigating factors and circumstances and guide the court to reduce the sentence against the odds.