The Court: Ballarat Magistrates Court
The Lawyer: Benjamin Smith
The Charges:
The Allegations:
The client was a 45-year-old licensed security guard who became involved in a heated verbal argument with his fiancée. This culminated in the fiancée calling the police, claiming she feared for her safety, alleging our client was acting crazy with the guns in the house.
When police arrived at the address, they discovered two licensed firearms registered to our client. However, one was found unsecured on a bedside table. The police spoke with our client’s fiancée, who provided a statement to police alleging that she was having a verbal argument with our client when he pushed her. She alleged she ran into the bathroom and while calling triple 000, our client punched the bathroom door, causing a dent in the door.
The client was arrested and charged with three offences, including Failing to Properly Store a Licensed Firearm, Common Assault and Criminal Damage.
At Court:
The client’s primary concern was a conviction on his record, given that he held a security licence. Our solicitor reviewed the brief of evidence, and instructions were taken from the client. The client had denied pushing his fiancée but conceded to having punched the bathroom door when his fiancée was inside. The client also acknowledged that the firearm was not stored correctly. He had returned from hunting over the weekend and forgot to store and secure the firearm properly.
Discussions were had with prosecutors regarding the offending, and they agreed to withdraw the common assault charge on a plea of guilty to the charge of Failure to Properly Store a Firearm and Criminal Damage.
It was critical that the client received a non-conviction disposition to the charges as the recording of a conviction would likely result in the client losing his security licence, which was his livelihood as he was the primary income earner for his family.
Our solicitor submitted to the court that the client had no prior history. He was employed full-time as a security guard and had been in the industry for 20 years. He required a clear criminal record for his employment and cooperated with police when questioned. Our solicitor also tendered supporting documents, including character references from our client’s friends and family, and more importantly, a letter from his employer.
The Outcome:
The Magistrate accepted that while the offences were serious, his employment, remorse, and lack of prior offending warranted leniency.
The Magistrate imposed a 12-month Community Correction Order to undertake 100 hours of unpaid community work. The Magistrate declined to record a conviction, noting the significant impact a conviction would have on the client’s employment.
The law regarding security licences is very technical and could have severe repercussions if not approached correctly. The law has recently changed, so if you have been charged with firearms offences, it is crucial that you speak to a lawyer so you can be advised of these changes.
