Allen v Commissioner of Police, New South Wales Police Force

Allen was a sheep grazier from a rural part of New South Wales who applied for a licence to carry a firearm equipped with a silencer. The Commissioner of Police refused the application, and Allen sought review of the decision in the Land and Environment Court of New South Wales. The court was required to determine whether the Commissioner’s refusal was lawful or if Allen had demonstrated that the use of a silencer was necessary for his business as a sheep grazier.

The court considered the meaning of “necessary” in the context of the Firearms Act 1996 (NSW). The court held that the term “necessary” should be interpreted in a practical and common-sense manner, taking into account the specific circumstances of the applicant’s business. The court found that Allen had presented evidence that demonstrated the necessity of using a silencer to protect his flock from dingoes, particularly during lambing season. The court held that the Commissioner’s refusal to grant the licence was not supported by the evidence and was therefore unlawful.

The court set aside the decision of the Commissioner and ordered that the application for a firearm licence equipped with a silencer be reconsidered in light of the court’s findings. The court emphasised that the decision should be made on the basis of the specific circumstances of Allen’s business and the evidence presented to support the necessity of using a silencer. The court also noted that the Commissioner should consider the potential impact of dingoes on Allen’s business and the measures that could be taken to mitigate that impact.