N.T First Aider court case set for 19 October

Questions about Northern Territory gun and ammunition laws. N.T. Weapons Control Act.

N.T First Aider court case set for 19 October

Post by Oldbloke » 22 Aug 2021, 3:42 pm

This is just an update on an earlier thread regarding a person assisting a neighbor who was stabbed.

https://www.nationalshooting.org.au/sel ... 7b07e6d410

Please keep it civil as the old thread was locked.

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Re: N.T First Aider court case set for 19 October

Post by boingk » 22 Aug 2021, 4:16 pm

Hope he wins. This is a right lawful owners should have.
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Re: N.T First Aider court case set for 19 October

Post by Communism_Is_Cancer » 22 Aug 2021, 4:32 pm

This story happens so many times in other countries and the blokes are more often than not given a pat on the back by the police.

I don't know anything about NT firearm laws but I would assume it says the word "reasonable excuse" in regards to carrying a firearm in public. Rendering aid under those circumstances is the ultimate reasonable excuse.
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Re: N.T First Aider court case set for 19 October

Post by Bugman » 22 Aug 2021, 7:24 pm

Yep. Hope the verdict goes his way.
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Re: N.T First Aider court case set for 19 October

Post by bladeracer » 22 Aug 2021, 7:31 pm

I don't think it's correct to say that he went into a violent situation without thinking of his own safety, if he wasn't worried why would he stop long enough to grab a rifle?
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Re: N.T First Aider court case set for 19 October

Post by Oldbloke » 14 Feb 2022, 7:12 am

News flash. NSC has had a win in this case. Fantastic news.

Ron eventually faced five charges despite helping his neighbour. They were that he:

Charge 1 – Carried a loaded firearm in a public place;
Charge 2 – Carried a firearm exposed to view in a public place;
Charge 3 – Went armed in public; and
Charge 4 – Carried a controlled weapon (a bayonet) in public;
Charge 5 – Possessed a firearm (contrary to the genuine reason).
The problem we faced was two-fold. First, it was clear the police didn’t want to lose this fight, so we needed to understand how to fight all five charges. The second problem was how to help Ron get his guns back, if that was possible.

That’s because under section 10(2A) of the NT Firearms Act 1997, a finding of guilt on any of the offences would have resulted in Ron being disqualified from holding a firearms licence for 2 years.



It’s an unfair law written at the height of the political attacks on us.

To help Ron, many of you donated to our fund to help him use the best legal support we could find. For that, we used barrister Mr Jon Bortoli, who came to us recommended by the NT Firearms Council. We also used the services of local solicitor, Luke Gardner who we are also grateful to.

POLICE BECOME DIFFICULT TO DEAL WITH
During this time Ron wanted his other seized guns that were unrelated to the charges transferred to a friendly dealer, as he was entitled to do under NT firearms law and as suggested to him by the NSC’s Vice President.

However the police resisted that idea. This resulted in Mr Bortoli having to write to the Chief Commissioner threatening more proceedings if this did not occur.

The police then allowed Ron to transfer all property unrelated to the charges. However, NTPol were determined to win their case against Ron and we understand they may have even flown in a Senior Prosecutor from Melbourne to run their court case for them all NT taxpayers’ expense.

THE TRIAL
The matter went to trial before Judge Birch in the Alice Springs Local Court on 19 October. After lengthy and careful deliberations by Ron and Jon, Ron entered not guilty pleas to all five charges.

At the trial, it was noted that Ron did not immediately load the firearm until after talking with the victim’s family. Even then, a round had not been chambered.

After the evidence was concluded, the prosecution withdrew Charges 2, 3 and 5 leaving Charges 1 and 4 remaining.

THE VERDICT
The decision was originally meant to be handed down 9 December but was deferred to 11 February. We took this as a positive sign that Judge Birch wanted to consider the matter properly.

The verdict on the remaining charges were:

On Charge 1, Not guilty; and
On Charge 4, Guilty. For this, Ron was placed on a 6 month good behaviour bond with a $500 penalty if he breached the bond. Importantly, no conviction was recorded.
His Honour found that Ron’s evidence raised a lawful excuse and that his actions were not ‘disproportionate’ or ‘unreasonable’ to have taken his firearm with him in the circumstances.

... AND HE'S GOT HIS GUNS BACK!
As you can imagine, Ron was happy with that outcome – but more good news was yet to come.

As you will recall, a finding of guilt of one of the offences could have disqualified Ron from holding a licence for a 2 year period.

After some discussion on a previous case, Burrarrwanga v Rigby, the Court issued an Order requiring the immediate return of Ron’s guns & licence, trumping the automatic disqualification.

If anything, this was the judiciary’s way of saying that the penalty was excessive. Here’s what the Court Order said:


Not to waste any time, Ron marched off to the police station with the Order to get his guns – and has now been reunited with them. He also got his licence back and we understand a new one will be issued shortly.

WHAT A RESULT!
This is a fantastic outcome, made possible by the many shooters like yourself who donated to help Ron’s fight. Thank you for your help.

It is a fantastic outcome for shooters Australia wide because it shows what can be done by a competent organisation such as the NSC. It’s why more and more shooters are backing the NSC.

The last remaining thing for us to do is to see if we can effect change in the NT by having the NT Firearms Act amended to provide greater flexibility for when a disqualification period may apply.

There needs to be the option for at least an administrative review, so we’re raising this with NT MP and NSC member, Kezia Purick.

There was a lot of anger in the shooting community over this case and understandably many were pessimistic on Ron’s chances for a good outcome. However we believed in the principle of defending the matter which is why we fought it so hard for Ron.

That’s why it PAYS to join the NSC. Click here to sign up now!
ONE VERY HAPPY MAN
A word from Ron…

“I wish to give a big THANK YOU to everyone that had supported me this past year.

https://nationalshooting.org.au/nsc-sco ... ence-case/
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Re: N.T First Aider court case set for 19 October

Post by on_one_wheel » 14 Feb 2022, 5:17 pm

Truly amazing, what a great outcome. I would have bet against the case going in his favour.

What's the chances Ron won't be able to head to the shops for a carton of milk without police scrutiny... or perhaps they'll finally acknowledge Ron's heroic efforts and thank him for going to the aid of a family in danger.

NSC has kicked another massive goal :drinks:
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Re: N.T First Aider court case set for 19 October

Post by disco stu » 17 Feb 2022, 9:55 am

Great to see a positive outcome on this. Hopefully some precedent with this, and also some common sense filters through

Cynical side of me wonders if the police put anywhere near the same amount of effort into the person who stabbed the neighbor.
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Re: N.T First Aider court case set for 19 October

Post by noneyabussiness » 17 Feb 2022, 12:40 pm

disco stu wrote:Great to see a positive outcome on this. Hopefully some precedent with this, and also some common sense filters through

Cynical side of me wonders if the police put anywhere near the same amount of effort into the person who stabbed the neighbor.


I was thinking the same thing... bet they just told poor old matey ( that got stabbed) " there's nothing we can do " ..
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Re: N.T First Aider court case set for 19 October

Post by Oldbloke » 04 Jun 2022, 8:19 am

Just come across these.
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