Warehousing firearms for people known to be engaged in criminal activity is not relevantly different from trading in unregistered firearms for profit for the purposes of assessing objective seriousness under s 51D(2) of the Firearms Act 1996 (NSW). However, where the number of firearms is the bare minimum threshold for the offence and some are not in working order, the offence is within the mid-range of objective seriousness, not above it. Absence of a criminal record (s 21A(3)(e)) operates as a mitigating factor independently of prior good character (s 21A(3)(f)), and a sentencing judge errs by treating the seriousness of the offences as entirely neutralising the mitigating effect of the lack of criminal antecedents.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.
1 of the 2 citing cases carry a classified treatment. How each court treated it is available to signed-in members.