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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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My father is being charged with unlawful possession of

Customer Question

My father is being charged with unlawful possession of weapons and improper storage of weapons after his license was suspended due to a dvo being put in place, the weapons in question were only parts that had been disassembled by my brother who also has a gun license. When he surrended his weapons after the dvo was put in place he told them that his son had disassembled them and he didn't know where the parts were, a search warrant was carried out they searched the room were the parts were and didn't find anything, they then searched it again with the help of my father and found the parts, they say he lead them straight to it. He needs to know what to do as he is on the disability pension and cannot afford a lawyer. Please help, any advice would be greatly appreciated
Submitted: 7 months ago.
Category: Australia Law
Expert:  Patrick H. replied 7 months ago.

Hello and thank you for your question.

I really should get a lawyer as an offence of this sort is a potentially very serious matter, however, if he does not he should at least ensure he is ready to explain the circumstances, can satisfy the court that the items found constituted only parts, explain why he failed to surrender these parts, and should have character references ready to help convince the court should be lenient.

Provided he has no prior convictions and can satisfy the court that his failure to surrender the weapon was just a mistake or a misunderstanding as to his legal obligations, the court will likely not impose a severe penalty.

If he does have prior convictions of violence or gun offences, or the police are alleging that he was trying to conceal the gun, then I would again strongly recommend he obtain a lawyer to assist him despite the cost as there may be a real potential for a far more serious penalty or term of imprisonment being imposed.

I trust the above assists.

Good luck and please rate my answer.

Patrick