Australia, June 12 -- New South Wales Land and Environment Court issued text of the following judgement on May 13:

1. By way of application to this Tribunal dated 13 September 2023, the Applicant seeks administrative review of a decision to revoke the Applicant's category ABDGH firearms licence in accordance with section 24(2) of the Firearms Act 1996 (NSW) (the Act) and clause 20 of the Firearms Regulation 2017 (NSW) (the Regulation).

2. For the reasons below, I affirm the decision the subject of the review.

Background

3. The Applicant is an army veteran having served in this capacity for over ten years.

4. On 27 October 2022, the Applicant was issued a category ABDGH firearms licence. Until the revocation, the Applicant had held a firearms licence since 2002.

5. Between 2001 and 2023, the Applicant was charged with at least 10 traffic infringement including negligent driving and speeding offences. During this time, the Applicant had his drivers' licence suspended on two occasions and disqualified on one occasion for furious driving on 25 March 2004. According to the Police Fact Sheet:

At the time of being observed the defendant's vehicle was estimated to be travelling at an estimated speed in excess of 120kph. At the time of being observed the defendant was chasing after another unknown cycle which was also travelling at the same excessive speed. Police commenced to follow both cycles and their speeds were estimated to be at 140klms per hour as they headed east past the Valley Heights Railway Station ... During this time the defendant's cycle and the unknown cycle changed lanes at least five times overtaking in excess of 20 cars whilst doing this. Police lights and sirens were activated and radio notified of a pursuit. The defendant's vehicle and the unknown cycle, continued eastbound for another kilometre, overtaking cars at speeds once again in excess of 140 klms per hour. Just prior to the speed camera, ..., the defendant appeared to brake hars[h]ly and then pull into lane 1. As police went to go past him to continue pursuing the unknown cycle, the defendant commenced to merge back into the police vehicles lane and a collision almost occurred. The defendant then slowed down and was not seen again by police, who continued the pursuit o[f] the unknown cycle. At 2.40pm on the 26th March 2004 the defendant attended [the] Police Station and was placed under arrest. He readily admitted the offence of speeding, stating to police that he had been cut off by the unknown cycle... He stated that he suffered a touch of road rage and decided to chase the cycle to obtain his number. He admitted to police that his speed would have been around 140klms per hour when first seen ... and that he had no idea how fast he was going from then on, apart from the fact that he knew it was in excess of the sign posted speed limit of 80klms per hour. The defendant was extremely remorseful regarding his actions and knew that what he did was wrong. ...

6. On 15 March 2023, the Applicant was placed under arrest after allegations of sexual touching were made against him by an employee of his at his place of work (the Complainant).

7. At the time of arrest, the Applicant's firearms and ammunitions were seized and a copy of the body worn footage is included in the materials before the Tribunal. Upon seizure, the police located several weapons and articles in the Applicant's possession which were the subject of charges as described below and which were a butterfly knife, silencer and a mobile signal jammer. In addition, over 5000 rounds of ammunition were also seized by the police. The Applicant also has a knife collection of approximately 100 knives. The Applicant described himself as:

Being ex-army, I have an interest in, and collect all sorts of, military stuff, like helmets, webbing, flags and decommissioned shells. I have an interest in the military, and military memorabilia ...

8. It was not in dispute that these items were obtained without a warrant and their obtainment pre-dated the issuing of any Provisional Apprehended Violence Order (PAVO) and pre-dated the suspension of the Applicant's licence by a day. In this respect, according to the oral evidence of Sergeant Richard Shields, the PAVO was issued in the early hours of the next day being 16 March 2023 and the suspension notice issued a few hours after that.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/196c30649f9d292132652c45)

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