Our Result - Case Study - Serious Firearm Offences written by Jason Evitts

Reference: 1600151

Charge

Our client was charged with numerous firearm offences.

Circumstances

This is a case study that resulted in a fully suspended sentence for our client who pleaded guilty to serious firearm offences.

Our client was charged with numerous firearm offences including Serious Firearm Offences under the Firearms Act and Sentencing Act,  to which our client was declared to be a Serious Firearm Offender.

Pursuant to the Criminal Law (Sentencing) Act a Court could not suspend the term of imprisonment unless satisfied that:

(a) His personal circumstances were so exceptional as to outweigh the need for general and personal deterrence to be the paramount consideration in the sentencing (as set out in section 10(2)(e) of the Criminal Law (Sentencing) Act) and

(b) it was in all the circumstances appropriate to suspend the sentence.

Jason Evitts who was counsel in the matter was able to establish through evidence given on oath that the client’s personal circumstances were so exceptional to satisfy the Court and through the gathering of medical evidence and personal background our client satisfied the Court that in all the circumstances it was appropriate to have his sentence of imprisonment suspended.

Firearm offences in general but Serious Firearm Offences in particular, carry heavy penalties including lengthy terms of imprisonment. The Sentencing Judge in this case study was satisfied that it was, in all the circumstances, appropriate to suspend the prisoner’s term of imprisonment this meant that our client would not immediately go to jail if the client remained of good behaviour for the period of the suspended sentence bond. The client was required for the duration of the suspended sentence bond Correctional Services to be supervised to ensure that any rehabilitation that was required and any other conditions necessary to guard against further offending were met.

This was an exceptionally difficult case and the outcome was unusual given the serious nature of the allegations and the usual approach by the Sentencing Court to these types of matters.

 

DISCLAIMER: This is a real case study of an actual case from Caldicott Lawyers. Details of the client have been changed to protect their privacy. The penalty imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible penalties in South Australian Courts. Caldicott Lawyers do not guarantee a similar case on these charges will get the same result. Please note that Caldicott Lawyers post results at our discretion, therefore while many case studies are good results, others are notable for their exceptional results.

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