BALODIS v Police - [2014] SASC 111

SUPREME COURT OF SOUTH AUSTRALIA
(Magistrates Appeals: Criminal)
BALODIS v POLICE
[2014] SASC 111
Judgment of The Honourable Justice Kelly
20 August 2014
MAGISTRATES - APPEAL AND REVIEW - SOUTH AUSTRALIA - APPEAL TO SUPREME COURT
FIRE, EXPLOSIVES AND FIREARMS - FIREARMS - LICENCES AND RELATED MATTERS
Appeal against conviction – appellant pleaded guilty to one count of failing to store properly ammunition contrary to the Firearms Act 1977 (SA) and Firearms Regulations 2008 (SA) – plea of guilty entered by counsel for the appellant upon the prosecution agreeing to withdraw three separate firearms charges – appellant convicted and fined $450 – appellant subsequently applied for a rehearing, which application was refused.
Whether charge of failing to store ammunition in accordance with reg 41(1) of the Firearms Regulations 2008 (SA) was appropriate in circumstances where ammunition stored separately from, or in absence of, firearms. Held: the appellant’s submission is inconsistent with factual basis alleged by prosecution at sentencing submissions – the Firearms Regulations require ammunition to be stored in a locked container regardless of its proximity to any firearms.
Whether fine imposed by the Magistrate was excessive. Held: the fine imposed was well within the discretion available to the Magistrate – the appellant has failed to demonstrate any error in the approach of the Magistrate.
The appeal is dismissed.
Firearms Act 1977 (SA) s 11(1), s 11(8); Firearms Regulations 2008 (SA) reg 38(2), reg 41(1), reg 61, referred to.

BALODIS v POLICE
[2014] SASC 111
Magistrates Appeal: Criminal
KELLY J.

On 23 April 2014 in the Mount Barker Magistrates Court, the appellant through his solicitor, pleaded guilty to one count of failing to store ammunition in a locked container separately from firearms contrary to reg 41(1) and reg 61 of the Firearms Regulations 2008 (SA). Regulation 41(1) of the Firearms Regulations 2008 (SA) requires that ammunition must be stored in a locked container, whether or not it is in physical proximity to any firearms, which locked container must not contain both ammunition and firearms.
Three other charges of possess a class C firearm without a licence contrary to s 11(1) and s 11(8) of the Firearms Act 1977 (SA), fail to store a class D firearm in accordance with reg 38(2) of the Firearms Regulations 2008 (SA) and unlawful possession of a Fabrique Nationale .22 self-loading rifle contrary to s 41(1) of the Summary Offences Act 1953 (SA) were dismissed on application of the prosecutor.
The maximum penalty for failing to store ammunition in accordance with the Firearms Regulations 2008 (SA) is a fine of $2,500.[1]
[1] Firearms Regulations 2008 (SA), reg 61.
The Magistrate agreed that the circumstances of the charge of failing to properly store the ammunition were at the lower end of the scale and dealt with the matter by way of a fine of $450 plus costs. In imposing penalty the Magistrate took into account the fact that the appellant has two relevant prior convictions; the first on 7 May 2009 for failing to store ammunition…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2014] SASC 111
Decision Date: 20 August 2014

CaseChat Overview and Summary

In the case of BALDIS v Police, the appellant contested his conviction for failing to store ammunition properly, as per the Firearms Act 1977 (SA) and the Firearms Regulations 2008 (SA). The appellant had entered a guilty plea to this charge after the prosecution agreed to withdraw three separate firearms charges. He was fined $450, but subsequently applied for a rehearing of the case, which was denied. The central legal issues were whether the charge was appropriate given that the ammunition was stored separately from firearms and whether the fine imposed was excessive.

The court examined whether the charge of failing to store ammunition in accordance with regulation 41(1) of the Firearms Regulations 2008 (SA) was valid when the ammunition was stored separately from or in the absence of firearms. The court found that the appellant's argument was inconsistent with the facts presented by the prosecution at the sentencing submissions. The regulations require ammunition to be stored in a locked container, irrespective of its proximity to firearms. Thus, the charge was deemed appropriate. Furthermore, regarding the fine, the court held that the amount was within the discretion of the Magistrate and the appellant had not demonstrated any error in the Magistrate's approach.

The appeal was dismissed, and the conviction and fine remained in place. The court concluded that the regulations were clear and the fine was not excessive given the nature of the offence. The court did not find merit in the appellant's arguments, and the original decision of the Magistrate was upheld.

Orders