Cook v Commissioner of Police

[2003] NSWADT 30

CITATION:	Cook -v- Commissioner of Police, New South Wales Police Service [2003] NSWADT 30
DIVISION:	General Division
PARTIES:	APPLICANT Keith John Cook RESPONDENT Commissioner of Police, New South Wales Police Service
FILE NUMBER:	023292
HEARING DATES:	11/02/2003
SUBMISSIONS CLOSED:	02/11/2003
DATE OF DECISION:	02/20/2003
BEFORE:	Montgomery S - Judicial Member
APPLICATION:	Firearms Act - firearms licence - revocation of licence or permit - Firearms licence - revocation of licence or permit
MATTER FOR DECISION:	Principal matter
LEGISLATION CITED:	Administrative Decisions Tribunal Act 1997 Firearms (General) Regulation 1997 Firearms Act 1996
CASES CITED:	Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60 McDonald v Director General of Social Security (1984) 1 FCR 354 Phegan -v- Commissioner of Police, New South Wales Police Service [2002] NSWADT 127
REPRESENTATION:	APPLICANT In person RESPONDENT C Capper, advocate
ORDERS:	The Commissioner's decision to revoke Mr Cook's Category A firearms licence is affirmed.

1 These proceedings relate to a decision by the Commissioner of Police, New South Wales Police Service (“the Commissioner”) to revoke the firearms licence held by Mr. Keith Cook.

2 Mr. Cook operates a farm located approximately 15 kilometres south of Tumbarumba. He was issued with a Category A firearms licence on 4 January 1999. The licence was due to expire on 12 February 2004. He uses firearms to control birds from eating his gapes.

3 On 31 January 2002, Police attended the property in relation to a disturbance involving Mr. Cook’s son. Mr. Cook’s son has a psychiatric history and he does not comply with medication requirements. Police had attended Mr. Cook’s property on two earlier occasions in relation to incidents involving Mr. Cook’s son. On one occasion Mr. Cook’s son was wielding an axe, smashing windows and was also wielding a knife.

4 During the 31 January 2002 incident Mr. Cook informed the Police that his son had possession of a firearm, but that there was no bolt with the firearm. The bolt was stored in a dressing table drawer elsewhere in the premises. Mr. Cook informed the Police that other firearms were on the property stored in a wooden gun box that had been secreted in the garden. He handed this box to the Police and when the Police opened the box they found three firearms (two 12 gauge Shotguns and a 'LITHGOW' .22 rifle), ammunition, bolts and magazines. Police also located a 'silencer' with one end of the silencer being able to be screwed onto the end of the 'LITHGOW' .22 rifle. The silencer is a prohibited article in New South Wales.

5 Two of the firearms were not registered and the storage facilities did not meet the requirements of Mr. Cook’s licence. Police took possession of the firearms and Mr. Cook was charged with offences. His licence was suspended on 10 March 2002 and subsequently revoked.

6 On 4 April 2002 Mr. Cook was convicted in the Tumbarumba Local Court in relation to offences of not having approved storage required by his licence; having possession…