An offender's motive for possessing a firearm — including self-protection after a genuine threat — is a relevant factor in assessing the objective gravity and moral culpability of firearms possession offences. The dictum of Latham J in R v Krstic that possession of a loaded gun for self-protection is not a matter of significant mitigation cannot be of universal application and must yield to the facts of the individual case. The absence of any connection between the possession and criminal activity is not merely a 'lack of aggravating circumstance' but a positive factor reducing objective gravity.
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