Horsman v Bishop

[2000] WASCA 316

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Appeal against conviction after plea of guilty
4. › Criteria for allowing appeal and change of plea
5. › Whether plea was unequivocal and freely made
6. › Whether miscarriage of justice demonstrated
1. Criminal Law
2. › Firearms
3. › Firearms licence
4. › Restrictions, limitations or conditions to which licence subject
5. › Whether requirement to maintain gun club membership is a condition of licence
6. › Firearms Act 1973 (WA), s 21(2)
1. Criminal Law
2. › Firearms
3. › Forfeiture of firearms
4. › Ambit of power to order forfeiture
5. › Relevance of public interest and fitness to hold licence
6. › Firearms Act 1973 (WA), s 28
1. Criminal Law
2. › Firearms
3. › Disqualification from holding firearms licence
4. › Nature of court's power
5. › Whether Magistrate may revoke licence or only disqualify
6. › Sentencing Act 1995 (WA), s 106
7. › Firearms Act 1973 (WA), s 20(1)

Quick Take

A condition on a firearms licence requiring the holder to maintain current gun club membership is a valid 'restriction, limitation or condition' within s 21(2) of the Firearms Act 1973 (WA), breach of which constitutes an offence. A court sentencing for a firearms offence has no power to 'revoke' a firearms licence — the power of revocation is vested in the Commissioner of Police under s 20(1) — but the court may disqualify the offender from holding or obtaining a licence under s 106 of the Sentencing Act 1995 (WA).