Criminal Defence Case Studies
Possession of a Trafficable Quantity of Firearms
Court: County Court of Victoria
Charges: Culpable driving causing death Crimes Act 1958 (Vic)
Charges: Culpable driving causing death Crimes Act 1958 (Vic)
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Case Overview
This case study involves a man charged with possession of a trafficable quantity of firearms after police alleged he had access to 13 stolen firearms. With a serious criminal record and the prospect of further imprisonment, we secured an outcome that meant he walked free from court without serving any additional time in custody.
Case Background
Police alleged our client possessed 13 stolen firearms, including shotguns and rifles, for a short period shortly after they were stolen. Photographs found on his phone showed the firearms in the boot of a car and later laid out on the ground. Intercepted calls suggested he had asked for the deletion of these images.
Importantly:
- There was no allegation that our client was involved in the theft
- There was no evidence he intended to sell, traffic, or use the firearms for criminal purposes
- Only one of the firearms was ever recovered
Our client lived with his partner and children, had a history of neurodevelopmental disorders including ADHD and a learning disability, and had previously responded well to supervised community-based orders.
Importantly:
- There was no allegation that our client was involved in the theft
- There was no evidence he intended to sell, traffic, or use the firearms for criminal purposes
- Only one of the firearms was ever recovered
Our client lived with his partner and children, had a history of neurodevelopmental disorders including ADHD and a learning disability, and had previously responded well to supervised community-based orders.
Our Approach - Strategic Defence in Firearms Cases
Our lawyers built a defence strategy aimed at minimising the factual basis of the offending and focusing on rehabilitation. We:
Highlighted that possession was brief and limited to the time the photos were taken
Emphasised the absence of trafficking or onward criminal use
Presented medical and psychological evidence of his impairments
Argued that significant delay in the proceedings should reduce the penalty
Obtained a positive pre-sentence assessment for a Community Correction Order with mental health and drug treatment conditions
The Outcome - No Further Imprisonment
The County Court accepted that this was a low-end example of the offence and sentenced our client to:
- 80 days' imprisonment (already served as presentence detention)
- Two-year Community Correction Order with conditions for supervision, treatment, and community work
This meant he avoided any further time in custody and was able to return home that day.
Why This Case Matters
Possessing a trafficable quantity of firearms is an extremely serious criminal charge in Victoria, carrying the potential for lengthy prison terms. This case shows that even where the charge is proven, skilled criminal lawyers in Melbourne can secure significantly reduced penalties through strategic advocacy, a focus on rehabilitation, and by narrowing the scope of the prosecution's case.
Frequently Asked Questions – Firearm Possession in Victoria
What is a "trafficable quantity" of firearms?
It’s a threshold number of firearms, possession of which can attract harsher penalties, even without evidence of sale or trafficking.
Can I be charged if I only had the firearms briefly?
Yes. Possession can be proven even if you only had control for a short time. However, short-term possession can be a strong mitigating factor in sentencing.
What are the penalties for possessing a trafficable quantity of firearms?
Penalties range from fines to lengthy imprisonment. The sentence depends on the seriousness of the conduct, criminal history, and mitigating circumstances.
Absolutely. These matters carry lengthy prison terms, and experienced representation can be the difference between the maximum penalty and a reduced sentence.
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.