Diversion for Fail to Store Firearm in Secure Manner

This is a case study on a sentence of diversion for Fail to Store Firearm in Secure Manner.

Victoria Police were conducting random audits of compliance with storage requirements for firearms. Our client had been a registered firearms holder for approximately 30 years. When the police attended at his business premises where his firearms were registered to, they noticed that although there was compliance in the sense that they were in a locked cabinet, they were not satisfied that the cabinet was secure enough to meet the requirements.
They allowed the client a period of one month to rectify the situation and meet compliance standards. They returned for an inspection two months later, and he had not made the necessary changes. Eventually he was charged with Fail to Store Firearm in Secure Manner and Kristina Kothrakis acted on his behalf at the Melbourne Magistrates’ Court.

The client was a man in his 50’s with no prior history. He was a self-employed businessman in the retail sector. He had been under the belief that the manner in which he had stored his firearms was compliant with the legislation. When he learned it fell short, he was intending to comply with the directions he was given.

At that time however, his father became ill and was hospitalised. He was going to the hospital before and after work and was also needing to assist his elderly mother. To add to his issues, an employee was away which caused him to be short-staffed. Both his personal life and professional life were in crisis and he did not have time to deal with the issue of his firearms.
Diversion was not initially offered by the police. Kristina made a submission to them, outlining the reasons why she considered the matter suitable for diversion. Improper storage of firearms represents a serious safety issue and is something the police are cracking down on. However Kristina was able to effectively outline the circumstances of this case and to place the offending into a context which was properly understood.
We were successful in having the diversion for Fail to Store Firearm in Secure Manner recommended by the police. Supported by strong character reference material, the diversion application was also accepted by the magistrate.
Elements of Fail to Store Firearm in Secure Manner:

  • The item in question is a firearm;
  • The accused possessed the firearm in question; and
  • The accused was not a holder of a license permitting possession under the Act; and
  • The accused stored the firearm in an insecure manner.

Kristina KothrakisKristina Kothrakis

Kristina has significant experience in criminal trials and also holds a degree in Science, majoring in Psychology, an invaluable area of knowledge, as many of her clients suffer from psychological disorders.

Kristina strives to achieve the best possible result for all her clients. Skilled, decisive and assertive, Kristina demonstrates dedication, care and professionalism at all times.

View Kristina Kothrakis’ profile.

DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 07/05/2019