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Good Behaviour Bond for Using Pistol on Security Staff at Hotel

RELATED TO: Section 10 Dismissal, Firearms Offences, Penalties for Criminal Offences, NSW Penalties for Criminal Offences
CRIMINAL CASE

Our client is a serving member of the Australian armed forces.

He attended Sydney Olympic Park with a group of friends at around 11am to watch a sporting event, and drank several beers over the course of the day.

The group later caught taxis to a Sydney Hotel, where our client was refused entry due to his level of intoxication.

He left and later returned wielding a loaded pistol and threatening to shoot Security Staff.

The incident was captured on CCTV footage and he was quickly located and arrested.

His home was then subjected to a search, during which police located several additional prohibited weapons.

He was charged with a total of 7 weapons and firearms offences.

He made full admissions to police.

He later contacted our firm and we managed to have 3 of the 7 charges withdrawn within a very short space of time.

We referred our client to a respected psychologist, and he diligently attended counselling to address underlying stress and anxiety.

Significantly, we persuaded the prosecution to allow the case to remain in the Local Court rather than going up to the District Court – which would normally be expected.

This was important because the maximum penalty in the District Court for the most serious offence involving the pistol is 14 years imprisonment, whereas it is 2 years in the Local Court.

That offence also carries a ‘standard non parole period’ of 3 years imprisonment in the District Court, but no such period applies in the Local Court.

We helped him to gather a range helpful materials including character references, information about the likely impact on his career and a positive psychological report.

We carefully prepared and powerfully presented his case before the Magistrate in Downing Centre Local Court who was persuaded to deal with 3 out of the 4 charges without conviction under ‘section 10’ of the Crimes (Sentencing Procedure) Act 1999.

The Magistrate imposed a 12 month good behaviour bond under ‘section 9’ for the most serious charge.

Our client had expected to go to prison, but is now free to get on with his life.

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