A genuinely conscious web developer, Jeremy Hammond is accused of using his computer savvy to attack conservative groups and State operators. He is being charged with providing Wikileaks the documents for their latest Stratfor release.
Firearms offences in Victoria range from administrative breaches of licence conditions through to serious indictable offences involving the possession, use, or trafficking of prohibited weapons. The consequences depend heavily on the specific offence, the type of firearm or weapon involved, and the circumstances of the offending.
This is general information only and is not legal advice for any specific matter.
Victorian firearms offences are set out principally in the Firearms Act 1996 (Vic) and the Control of Weapons Act 1990 (Vic). Offences include possessing a firearm without a licence, possessing a prohibited firearm or weapon, trafficking in firearms, using a firearm to resist arrest, carrying a firearm in a public place without lawful excuse, and supplying a firearm to an unlicensed person. At the more serious end, offences involving prohibited weapons and trafficking carry substantial penalties and are heard in the County Court or Supreme Court. Commonwealth firearms offences under the Criminal Code Act 1995 (Cth) can also apply in some circumstances.
The Firearms Act 1996 (Vic) categorises firearms into categories with different licence requirements and restrictions. Prohibited firearms are those specifically listed as prohibited under the Act and its regulations, and include fully automatic weapons, certain semi-automatic weapons, and other specified categories. Possessing a prohibited firearm without lawful authority is a serious offence with a higher maximum penalty than possessing an unlicensed but non-prohibited firearm. The specific category of the weapon determines the applicable charge and potential penalty.
Penalties for firearms offences in Victoria vary significantly by offence type. Minor licensing offences may be dealt with in the Magistrates Court with fines or community corrections orders. Serious offences including possession of prohibited firearms, trafficking, and use of a firearm to resist arrest carry substantial maximum imprisonment terms. Sentencing takes into account the type of weapon, the circumstances, any prior history involving weapons, and whether the weapon was in a public place or associated with other criminal activity.
Firearms offences come to police attention in a range of ways: execution of a search warrant on premises or a vehicle in connection with another investigation, discovery during a traffic stop, intelligence-led operation targeting suspected trafficking, or reporting by a licence holder or former partner. In some cases, police discover firearms during the execution of an unrelated warrant and the firearms offence is charged alongside the matter that was originally under investigation.
Obtain legal representation before any police interview. The right to silence applies. In firearms matters, what is said about knowledge of the firearm, the purpose for which it was held, and the circumstances in which it was found can affect the charge and the defences available. Where a firearm is found during a search warrant executed for another matter, the police interview may cover both the original investigation and the firearms discovery.
Bail in serious firearms matters is governed by the Bail Act 1977 (Vic) and may be subject to more demanding bail tests for certain offences. Conditions where bail is granted commonly include reporting, residence requirements, and prohibitions on possessing firearms or weapons. Surrender of any remaining licensed firearms may also be required as a condition of bail. The specific conditions depend on the seriousness of the charge and the circumstances of the accused.
Minor firearms offences are heard summarily in the Magistrates Court. More serious firearms offences proceed as indictable matters through the Magistrates Court committal process to the County Court for trial. The court in which the matter is ultimately heard depends on the specific charge and, for some offences, on the election made by the accused. Serious trafficking and prohibited weapon matters are heard in the County Court.
A firearms charge typically triggers consequences for any existing firearms licence under the Firearms Act 1996 (Vic). The Chief Commissioner of Police has the power to suspend or cancel licences in connection with criminal charges. Any firearms held under a licence may need to be surrendered pending the outcome of the matter. Restoration of firearms licence rights after a criminal matter is a separate application process and is not automatic on acquittal or completion of a sentence.
Firearms convictions affect employment in security, law enforcement, defence, and any role requiring a firearms licence. Professional registration bodies in some industries treat weapons-related offences seriously. The specific employment consequences depend on the nature of the offence and the role, but a conviction for a serious firearms offence is likely to have significant employment consequences in any role involving public trust or licensed activities.
Where a firearms offence is connected to other serious criminal activity, asset restraint under the Proceeds of Crime Act 2002 (Cth) or the Confiscation Act 1997 (Vic) may apply. Firearms themselves are subject to forfeiture on conviction. Civil asset consequences are separate from the criminal proceeding and need to be managed alongside it where they arise.
Available defences depend on the specific charge and the circumstances. Common defences include lack of knowledge that the item was a firearm, lack of possession or control of the firearm at the relevant time, lawful excuse for possession or carriage, and challenges to the chain of custody or the forensic analysis establishing that the item is a firearm within the definition. For trafficking offences, knowledge of the nature of what was trafficked and the commercial purpose of the supply can both be in issue.
Minor summary firearms matters in the Magistrates Court may resolve within months. Serious indictable matters proceeding to the County Court typically take a year or more from charge. The timeline depends on the complexity of the prosecution case, any forensic analysis, the conduct of committal, and whether the matter resolves by plea or proceeds to trial.
Pleading guilty involves accepting the charge and proceeding to sentence, with a sentencing discount for early pleas. Contesting requires the prosecution to prove every element beyond reasonable doubt. In firearms matters the decision often turns on whether possession can be contested, whether knowledge of the nature of the item can be raised, and the strength of any forensic evidence establishing the item's classification.
Firearms offences require practitioners familiar with both the Firearms Act 1996 (Vic) framework and, where applicable, Commonwealth firearms provisions. For serious matters involving prohibited weapons or trafficking, County Court trial experience and familiarity with the forensic analysis of firearms evidence are the primary credentials. Where the firearms charge is connected to another criminal investigation, the lawyer needs to manage both matters in a coordinated way.
Before any police interview and on charge or arrest. The early strategic decisions in a firearms matter, including the response to the search, the position on licence consequences, and the approach to any connected investigation, are best managed with senior legal advice from the outset.
Selection of counsel in firearms offence matters depends on the specific charge, the court and jurisdiction involved, and the circumstances of the matter. Doogue + George is among the Melbourne criminal defence firms with senior practitioners experienced in this category of work. Early engagement of senior counsel, particularly before any record of interview or formal investigation step, is consistently the factor that most affects what options remain available.
Please comment and share with your friends!