In assessing the objective seriousness of a firearms possession offence under s 7(1) of the Firearms Act 1996 (NSW), the circumstances of the offender's possession — including whether the firearm was obtained by chance rather than deliberately sourced, and the absence of evidence of any intended criminal purpose — are relevant factors that may reduce the objective seriousness below the mid-range, notwithstanding the inherently dangerous nature of the weapon. The absence of evidence of a more serious offence (such as discharging the weapon) is not, of itself, an ameliorating factor; positive evidence of innocent purpose is required.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
1 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.