The repeal of s 5(1A) of the Firearms Act 1996 (Vic) and its replacement by s 5(1) with a reduced maximum penalty of 10 years (from 15 years) reflects a change in Parliament's attitude that must be taken into account when sentencing for offences committed under the former provision. Where a firearms offence forms part of the conduct constituting a conspiracy to commit armed robbery, the sentencing judge must take great care not to treat possession of the firearm as both an aggravating factor of the conspiracy and a separate offence warranting substantial punishment and cumulation. The approach of collecting all criminality into a single 'global' sentence without cumulation orders for discrete offences is erroneous.
The full text is available to signed-in members, including the 12 later cases that cite this judgment.
3 of the 12 citing cases carry a classified treatment. How each court treated it is available to signed-in members.