Combination Sentence

Melbourne Magistrates' Court

Prohibited person in possession of a loaded firearm in a public place. Resolved without lengthy custodial sentence

12 Months imprisonment with a 12 month community corrections order on release.

Magistrates' Court of Victoria · Firearm Prohibition Order Breach · Plea Hearing

Case Snapshot

Court
Magistrates' Court of Victoria
Area
Firearm offences
Stage
Plea hearing
Lead charge
Possess firearm in breach of FPO
Maximum penalty
10 years imprisonment
Other charges
Possess firearm-related item in breach of FPO
Defence work
Written plea
Oral submissions
Combination sentence proposal
Outcome
Imprisonment: 12 months
CCO on release: 12 months

Result: In this anonymised matter, the client who is a member of a Outlaw Motorcycle Gang (OMCG) was charged with possessing a loaded firearm and ammunition in breach of a Firearm Prohibition Order, he was also a prohibited person and had extensive prior convictions in Victoria and New South Wales for similar offending.

The matter resolved by plea. The Court imposed 12 months imprisonment with a 12-month Community Corrections Order to commence on release. This is significantly less then the standard sentencing outcomes for charges of this nature in Victoria.

Case Outcome

Imprisonment
12 months
CCO on release
12 months
Resolved by
Negotiated plea

Charges

Charge 1: Prohibited Person Possess Firearm, Contrary to Firearm Prohibition Order

Charge 2: Prohibited Person Possess Firearm Related Item (Ammunition), Contrary to Firearm Prohibition Order.

The Problem

The client had extensive prior convictions in both Victoria and New South Wales. The client was a prohibited person and a member of a OMCG. That history meant imprisonment was inevitable, the question was if a Community Correction Order (combination sentence) was within range or if he had to serve a term of imprisonment with a non parole period.

Our Approach

The plea addressed the absence of associated violent conduct, the nature of the offending, and a combination sentence aimed at supporting post-release supervision and reducing the risk of further offending.

Outcome

The court imposed a combination sentence which consisted of a period of imprisonment for 12 Months and a 12 month Community Corrections Order to commence upon release.

Why this case matters

Firearm related offending, especially in breach of a FPO is treated very seriously by all courts. A well-prepared plea with the assistance of counsel was crucial in obtaining this outcome.

Common Questions

Can a Firearm Prohibition Order breach be resolved without a lengthy custodial term?

Yes. In this anonymised matter, the client faced possession of a firearm and a firearm-related item in breach of a Firearm Prohibition Order, a 10-year maximum offence, against a background of extensive prior convictions. The Court imposed 12 months imprisonment with a 12-month Community Corrections Order to commence on release.

Does this result guarantee the same outcome in another case?

No. Each matter depends on its own facts, including the charges, evidence, plea position, criminal history, sentencing material and the Court's assessment. Past outcomes do not guarantee future results.

Charged with an FPO breach?

FPO breaches carry significant sentencing risk, particularly where there are prior convictions. Early advice can affect plea structure and the available combination sentencing options.

FACING A SIMILAR CHARGE?

Speak With a Lawyer About Your Matter

Each matter depends on its own facts. Early legal advice can affect how a criminal matter is prepared, negotiated, or resolved.