Issue link: http://ssaansw.uberflip.com/i/565910
12 Sporting Shooters Association of Australia (NSW) Inc. Legal Matters In that matter, the member was at home and was examining a recently purchased high powered rifle. He was familiarising himself with its operation and was in the process of checking that it was cycling properly. Upon pulling the trigger of the firearm it unexpectedly discharged. The round travelled out of his house and into the next door neighbour's property. Fortunately, no person was injured. The member was adamant when he placed the magazine into the rifle that it was empty. The Police charged the member with discharging a firearm likely to endanger life or property. Following a hearing of the case, the court found that given the charge was so serious, there must be an element of intention on the part of the person before he could be found guilty. That intention being that he knew the firearm was capable of firing a round AND that when he put the magazine into the rifle he knew it held a round AND that in knowing those two things, when he pulled the trigger he knew it would fire that round. The Prosecution case was unable to prove all three of those things beyond a reasonable doubt and on that basis the court found the member NOT GUILTY. The Police sought advice from the Office of the Director of Public Prosecutions as they disagreed and wished to appeal the Magistrate's decision. After careful consideration from that office, the Director decided not to appeal and the Magistrate's decision stood. I was then able to successfully apply for the suspension of his firearms licence to be lifted and his firearms returned. Whilst it is certainly hoped that situations like this don't ever occur, should members find themselves in this situation, the above case is something worth considering and I would encourage that member to seek legal advice. Stephen Mainstone The information contained in this article is general in nature and should not be considered legal advice. Should you require legal advice relevant to a particular matter concerning you, it is always advisable to contact a lawyer. Mainstone Lawyers is able to provide legal advice regarding all firearms and other Police related matters. Contact our office on (02) 9531 0322, email at info@mainstonelawyers.com.au or on our website www.mainstonelawyers.com.au A QUESTION OF INTENT A recent case in which I acted for a member brought to light issues surrounding what are generally described as "accidental discharges." Follow us on Twitter and share your thoughts: https://twitter.com/ssaansw Like our Facebook page and keep up with the latest: www.facebook.com/ssaansw