Our client was a 40-something father of six children whose escape zone was his garage, a cave filled to the brim with metal objects which he had sourced and found, including firearm and weapons parts. He used them to make artistic/industrial sculptures, jewellery and works. Some projects came to fruition, some were abandoned and some inspired new ideas. One day in October 2020, Police showed up with a Firearms Act search warrant and seized a number of items which formed the basis of charges of unlawful possession of unlicensed ammunition, controlled weapons and prohibited weapons. Our client assisted Police with their enquiries and admitted possession of all the items seized from the garage and explained that he did not intend to use them to hurt others, but rather, were in his possession for artistic purposes.
Our client represented himself until a fortnight out from trial, when he first contacted us to provide him with advice on the prospects of successfully defending the charges. We reviewed the disclosure, provided an opinion and developed a strategy in preparation for the looming trial date. On the morning of the trial, the prosecution failed to bring any of the seized items the subject of the charges to Court. We were prepared for this and were able to successfully demonstrate that the prosecution had no reasonable prospect of conviction on all the weapons charges. The prosecution discontinued four charges and our client pleaded guilty to one charge relating to ammunition, which the Magistrate was satisfied was used for jewellery pieces. Our client was fined a mere $100 and granted both a spent conviction order and the prosecution were ordered to pay costs for the charges that were dismissed. The result will allow our client to pursue his hopes of a career in the mining industry.
