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Unlicensed Possession of Ammunition - Plead Guilty or Not?

Discussion in 'Criminal Law Forum' started by Tate, 5 June 2014.

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  1. Tate

    Tate Member

    5 June 2014
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    Hey, I'm just in need of some legal advice as I've never been through court before or even dealt with by police before.

    I was at a friends farm shooting for the weekend. During the stay on his farm, we used my car to travel around the property with the guns in the car (guns are licensed to my friend's dad who gave us permission to use them). A week later I was pulled up by police and had my car searched. The police found 1x, and 2 shotgun shells (all loaded) underneath all the rubbish in my car. My mate and I had absolutely no idea they were in the car. I'm 19 and I'm undertaking bail until later this month. My dad thinks i should plead guilty and apply for a spent conviction, but the free duty lawyer who I seen at court said I should plead not guilty because I wasn't aware of the bullets.

  2. Tim W

    Tim W Lawyer

    28 April 2014
    Likes Received:
    I am a lawyer in NSW. What applies in NSW
    may not apply to you if you are not in NSW.
    Factor that in when deciding how much notice to take of what I say.

    1. I'm sure your Dad is trying to help you, but I suggest that he has
      no idea what a spent conviction is.
      He might mean a bond.

    2. We don't know what the actual offence is
      that you have been charged with,
      so it's a bit hard to make any suggestions "blind".

    3. It was a good move to see the Duty Solicitor.
      That said, I don't know enough about the facts and circumstances
      of your offence, and I don't know enough about your background
      (which is my polite way of saying "your criminal history")
      to be able to suggest to you which way to plead,
      nor to make any suggestions about your chances of a bond.

    4. But, speaking generally, and expressly not referring to your case in particular,
      if you are guilty of the offence (don't say!), then plead guilty.
      That way the process becomes about what the appropriate penalty is.

    5. But, if you really are not guilty of the offence, then I do not recommend
      pleading guilty "just to get it over with".
      Frankly, that's bollocks.

    6. I say it's bollocks because having a conviction for a firearms offence
      on your record, at age 19, has all kinds of downstream implications for the rest of your life,
      that you may not have even thought of. Factor that in when deciding how to plead.
    Good luck.
  3. logan

    logan Active Member

    1 May 2014
    Likes Received:
    in Tasmania you can spindle. Some bullcrap and say i was on my way to the police station to hand these ammo shell in that i found in my car after my mate went borrowed it to go shoting under the firearms amnesty act they cant charge you or ask you any questions ...

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