Since the passing of the controversial one-punch laws in New South Wales, it appears that mandatory minimum sentences are becoming more commonplace.
The latest raft of legislation to be hit with minimum sentences is contained in Schedule 2 of the Commonwealth Criminal Code Act, which deals with firearms offences.
Amendments recently passed by Parliament now impose a mandatory minimum sentence of five years’ imprisonment for persons found guilty of gun trafficking.
As a guidepost, the absolute maximum penalty that can be imposed for this offence is 10 years’ imprisonment.
Previously, there was no mandatory minimum sentence, meaning that judges were free to exercise their discretion in deciding an appropriate penalty.
The new penalties apply to the following offences:
- Cross-border offence of disposal and acquisition of a firearm (s 360.2 Commonwealth Criminal Code)
- Taking or sending a firearm across borders (s 360.3 Commonwealth Criminal Code)
The new laws have also expanded the definition of firearms trafficking under Commonwealth law, so that it now applies to the trafficking of ‘firearm parts’ as well as whole firearms.
This is intended to prevent gun traffickers from escaping prosecution by dismantling weapons and sending them across borders, which was a loophole under the previous laws.
The laws have been pushed by the Abbott government, citing a need to appear tough on gun-related crime.
They have been complemented with increased funding to the Australian Customs Service to crack down on the importation of illegal firearms.
In voicing his support for the new laws, Mr Abbott stated that ‘light sentencing sends the wrong message.
Criminals need to know they will face the full severity of our law.’
The government’s concerns are backed by statistical data which indicates that there are presently 250,000 unregistered long arms in Australia and 10,000 illegal handguns.
Despite this, some have questioned the need for the new laws.
Statistics suggest that gun crime has decreased significantly in recent years: for example, firearms related homicides halved between 1989 and 2010, and firearms now play a role in just 14% of all armed robberies.
These figures do not differentiate between firearms which were legally acquired and those which were illegally obtained through trafficking activities.
Furthermore, an assessment conducted by the Queensland Crime and Misconduct Commission in the early 2000’s found that the market for firearms trafficking was ‘not large or overly organised.’
Evidence also suggests that many of the firearms obtained illegally actually originated from the legal firearms market, signalling a need for stricter industry regulation.
Either way, it’s highly debatable whether mandatory minimum sentencing is the correct approach in dealing with the problem.
One of our previous blog posts detailed the problems with mandatory sentencing; including the removal of a judge’s discretion to decide the appropriate penalty for a particular offence.
Instead, mandatory sentencing requires judicial officers to impose a minimum sentence for all offenders, ignoring the facts and circumstances of a particular case, which may arguably make the offence less serious.
Statistical data also suggests that the prospect of receiving a mandatory sentence does not deter people from committing crimes.
Where to now?
If you have been charged with a firearms offence, your best bet is to consult a specialist criminal defence lawyer who is experienced in representing clients in firearms cases.
The new laws highlight the serious consequences that may result from a firearms trafficking charge.
It is therefore important to ensure that you are being represented by someone who knows how to get cases dropped and thrown out of court, or to downgrade your charges so that you get the least possible penalty if you wish to plead guilty.
The expert defence team at Sydney Criminal Lawyers® has considerable experience in serious weapons and firearms cases, and have a proven track record of achieving outstanding outcomes in complex Commonwealth Criminal Code cases.
Our specialist insight and knowledge of this area allows us to obtain excellent results for our clients.
Our experts can fully explain the charges to you and your options, and will fight hard to get you the optimal outcome.
Call us today on (02) 9261 8881 and book a FREE first appointment.
