Prosecution Process and Defences for Firearms and Weapons Offences NSW

In New South Wales, the prosecution of firearms and weapons offences is a process taken very seriously, given the potential harm these weapons can inflict.

The Prosecution Process in NSW

The process begins when police become aware of an alleged firearms or weapons offence. This might be through their investigations, public tip-offs, or the discovery of a weapon during a search.

Once police have gathered sufficient evidence, they may arrest and charge the person with the offence. The charged individual will then receive a Court Attendance Notice, which outlines the details of the charge and the date they need to attend court.

The first court appearance is generally before a Local Court. If the offence is a serious indictable one, it may be referred to a higher court, such as the District Court or the Supreme Court.

The following process involves a series of court appearances, hearings, or a trial, where evidence is presented and contested. If the accused person is found guilty, the court will then move to sentencing, considering a range of factors.

What the Police Need to Prove

To secure a conviction for a firearms or weapons offence, the police must prove beyond reasonable doubt that:

  1. The accused person possessed, used, supplied, or made a firearm or weapon. This includes any component or accessory for a firearm or weapon.
  2. The accused person did not hold the appropriate licence or permit to do so.

In some cases, the police must also prove that the accused person intended to use the weapon unlawfully.

Legal Defences Available

Several defences may be available, depending on the case’s specific circumstances.

  1. Lack of Knowledge: The accused person may argue that they did not know they had the firearm or weapon.
  2. Duress: If the accused person was coerced into committing the offence under threats of harm or death, they might raise a duress defence.
  3. Self-Defence: If the weapon was used in self-defence, this may serve as a defence. However, the accused must demonstrate that their response was reasonable under the circumstances.
  4. Necessity: The accused person may argue that they committed the offence out of necessity, such as to prevent a greater harm from occurring.

Remember, firearms and weapons offences are serious matters in NSW, attracting significant penalties. It is crucial for anyone charged with such offences to seek legal advice as soon as possible. The complexity of these cases requires a thorough understanding of the law, the evidence, and the potential defences available.