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Offences

Supplying firearms on an ongoing basis

Offence title:

Supplying firearms on an ongoing basis

Act:

51B Firearms Act (NSW)

Offence:

A person must not contravene section 51BA on 3 or more separate occasions over any consecutive period of 12 months.

Penalty:

Imprisonment for 20 years

Summary/Indictable/mixed:

Indictable

Jurisdiction:

District or Supreme Court

How committed:

Person A sells pistols to Person B, then on a separate occasion to Person and C and then separately to Person D on another occasion. All the sales to B, C and D occur within a 12-month period.

Important note:

If more than 3 supplies occur within the 12-month period, the jury must be satisfied of the same 3 supplies.

Alternative verdict: If the jury are not satisfied of this offence, but are satisfied of a supply, the person can be found guilty of the relevant supply or two supplies.

Double jeopardy provisions A person who has been convicted of an offence under this section is not liable to be convicted:

  1. of a relevant supply offence, or
  2. of a separate offence under this section,

on the same, or substantially the same, facts as those relied on as evidence of commission of the offence in respect of which the person has been convicted.

A person acquitted of an offence under this section is not liable to be convicted

  1. except as provided by subsection (3)—of a relevant supply offence, or
  2. of a separate offence under this section,

on the same, or substantially the same, facts as those relied on as evidence of commission of the offence in respect of which the person has been acquitted.

A person:

  1. convicted of a relevant supply offence, or
  2. acquitted of a relevant supply offence,

is not liable to be convicted of an offence under this section on the same, or substantially the same, facts as those relied on as evidence of commission of the relevant supply offence.

Subject to the above, this section does not:

  1. remove the liability of any person to be convicted of a relevant supply offence, or
  2. affect the punishment that may be imposed for any such offence.

relevant supply offence means any offence under this Act (other than under this section) relating to the supply of a firearm.

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