This case involved a client charged with a Weapons Act offence, relating to police locating a set of knuckle dusters with a knife attached in the client’s car. There was another person in the car, as well as other items in the rear belonging to other persons. The client had a previous spent conviction for an unrelated offence.

We originally prepared the matter for trial on the basis that possession could not be proved. Unfortunately, the witness who was expected to claim ownership of the item could not be located at the time of trial. As a result, we negotiated with the prosecution to a more favorable set of facts, which asserted that the weapon belonged to another person however the client accepted brief possession of it because it was in their vehicle. This negotiation included a concession that a spent conviction order was appropriate, notwithstanding the prior spent conviction.

At sentencing we presented a detailed plea in mitigation, following which the client received a fine and spent conviction. This fantastic outcome meant that the client could continue employment in their current profession.