Possession of an imitation pistol with a realistic appearance can properly be assessed as in the middle of the range of objective seriousness for the offence under s 7(1) of the Firearms Act 1996 (NSW), notwithstanding that the weapon is incapable of being fired. The potential for harm if presented with criminal intent is a relevant factor. An offender who does not provide evidence about the circumstances of possession bears the onus of establishing that possession was limited.
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