Criminal Defence Case Studies

Possession of a Trafficable Quantity of Firearms

Court: County Court of Victoria Melbourne

Charges: Possess trafficable quantity of firearms Firearms Act 1996 (Vic)
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Case Overview 

This case study involves a 31-year-old man on a single charge of possessing a trafficable quantity of firearms. Despite the number of firearms involved, a prior firearms history, and complex personal circumstances, we resolved the matter after a sentence indication with time served and a two-year Community Correction Order focused on mental health and rehabilitation.

Case Background

Police alleged our client had access to 13 stolen firearms (three shotguns and ten rifles) shortly after a burglary. Photographs showing the firearms in a car boot and laid out on the ground were located on his phone.

There was no evidence he was involved in the theft or intended to use the firearms for a criminal purpose, though his prior convictions prohibited possession. Only one of the stolen firearms was recovered, which raised public safety concerns.

Personal circumstances (relevant to sentence) include premature birth, adolescent diagnosis of learning disability, later diagnoses of permanent language disorder, specific learning disorder, and ADHD; history of substance misuse; stable accommodation with partner and children; Disability Support Pension.


Our Strategy as Firearms Defence Lawyers

As accredited criminal defence lawyers in Melbourne, we:
 Secured a sentence indication confirming custody would not exceed time already served.
 Tendered neuropsychological evidence explaining how cognitive impairments affected decision-making and vulnerability.
 Showed rehabilitation steps already taken (mental health treatment, CISP participation, structured supervision).
 Emphasised the three-year delay from offending to sentence.
 Proposed a combination sentence that balanced accountability with community-based rehabilitation.

The Outcome

The County Court imposed:

- 80 days' imprisonment (time served)

- Two-year Community Correction Order with supervision, mental health treatment, drug rehabilitation, and 150 hours community work (with credit for program participation)

The court noted the offending was at the low end for this charge given the brief possession and absence of evidence of intended use, and gave weight to the guilty plea, personal circumstances, and rehabilitation potential.

Why This Case Matters

Possessing a trafficable quantity of firearms is a serious indictable offence (maximum 10 years' imprisonment). This result shows how experienced criminal lawyers and firearms lawyers in Melbourne can secure significantly reduced outcomes by using sentence indications effectively, presenting expert evidence on mitigating personal circumstances and demonstrating active rehabilitation before sentence.

Frequently Asked Questions - Firearms Charges in Victoria

In some cases, yes. Where the conduct is low-end, possession is brief, or there is strong mitigation and rehabilitation, courts may consider community-based outcomes or time served.

Under Victorian law, 2 or more firearms meets the trafficable quantity threshold.

Yes. Even small amounts of methamphetamine are treated seriously in Victoria, but with the right drug lawyer in Melbourne, courts may impose diversion, fines, or community orders instead of prison.

Yes. Early advice from a lawyer experienced in firearms matters can shape charge negotiations and sentencing strategy.

What helps reduce a sentence?

Early plea, expert reports, treatment engagement, stable supports, and evidence of remorse/insight are commonly relevant. Courts routinely consider verified personal history, health, and rehabilitation efforts when assessing penalty.

In some cases, if the evidence is weak, the breach was accidental, or there are legal defences, a lawyer can negotiate withdrawal or downgrading of charges.

DISCLAIMER

This is a real case study from an actual matter in our files. We always change details in our case studies to protect client confidentiality, but the charge and the outcome are exactly as they occurred in court. We publish these case studies to give a genuine insight into the types of results we achieve and the range of sentences that may be imposed. Every case is different, and we can't guarantee the same result in your matter. We choose to share some cases because they are representative of typical results, and others because they stand out for exceptional outcomes.

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