Dimitriou v Queensland Police Service - Weapons Licensing

[2025] QCAT 177

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Dimitriou v Queensland Police Service – Weapons Licensing [2025] QCAT 177

PARTIES:

PANAGIOTIS  DIMITRIOU

(applicant)

v

QUEENSLAND POLICE SERVICE – WEAPONS LICENSING

(respondent)

APPLICATION NO/S:

GAR831-23

MATTER TYPE:

General administrative review matters

DELIVERED ON:

6 May 2025

HEARING DATE:

22 April 2025

HEARD AT:

Brisbane

DECISION OF:

Member Howe

ORDERS:

The decision by Queensland Police Service – Weapons Licensing revoking Mr Dimitriou’s weapons licence is confirmed.

CATCHWORDS:

FIRE, EXPLOSIVES AND FIREARMS – FIREARMS – LICENSING AND REGISTRATION – APPLICATION FOR LICENCE OR PERMIT – where weapons licensing determined the applicant was not a fit and proper person to hold a weapons licence – where the applicant’s weapons licence was revoked – where the applicant pleaded guilty to and was convicted of a charge of forcible entry – whether the conviction was an offence involving the use or threatened use of violence – where the offence was such – where it was therefore mandatory to hold that the applicant was not a fit and proper person to hold a weapons licence

Weapons Act 1990 (Qld), s 10B(2)(a)(ii)

APPEARANCES & REPRESENTATION:
Applicant:	Self-represented
Respondent:	T Ferguson In-house legal

REASONS FOR DECISION

1. The applicant Mr Dimitriou held a weapons licence until it was revoked by Queensland Police Service - Weapons Licensing Branch on 9 November 2023.          

2. The revocation was based on Mr Dimitriou pleading guilty to a charge of forcible entry in the Magistrates Court at Cairns on 26 October 2023 following an incident which occurred on 1 February 2023.

3. At hearing before the Cairns Magistrates Court on 26 October 2023 the charge was amended to a breach of s 70(1) Criminal Code Act 1899 (Qld) (‘Criminal Code’), forcible entry, to which Mr Dimitriou pleaded guilty. A conviction was recorded and he was fined $500 and a “non-contact order” made.

4. According to the court brief in respect of the charges before the Magistrates Court, the victim was Mr Dimitriou’s employer. There had been a dispute over wages. Mr Dimitriou entered the office at the workplace and attacked his employer. Mr Dimitriou punched his employer and put his hands around the latter’s neck choking him.

5. Mr Dimitriou denies that version of events. He maintains his employer was trying to cheat him out of wages and he had a disagreement with him over that. He denies attacking his employer but rather says he was attacked and had pepper spray sprayed into his face.

6. The police brief notes that police attending observed a large red mark and scratches on the neck of the employer. Queensland Ambulance attended and treated the employer before transporting him to the Cairns Hospital for treatment where he was admitted and remained for 4 days.

7. Mr Dimitriou was initially charged with assault occasioning bodily harm but at hearing the prosecution and Mr Dimitriou’s legal representative agreed to a plea of guilty to the charge of forcible entry.

8. He has applied to the Tribunal to review the decision revoking his weapons licence.

The Weapons Act

1. By s 10(2)(e) Weapons Act 1990 (Qld) (‘WA’) a weapons licence may be issued to an individual if the person is a fit and proper person to hold a licence.

2. Section 10B WA provides for a number of things to be taken into account in determining whether or not a person is a fit and proper person to hold a licence. By s 10B(2)(a) it is provided:

   (2)     However, for the issue, renewal or revocation of a licence, a person is not a fit and proper person to hold a licence if, in Queensland or elsewhere within the relevant period—

   (a)the person has been convicted of, or discharged from custody on sentence after the person has been convicted of, any of the following offences—

   (i)an offence relating to the misuse of drugs;

   (ii)an offence involving the use or threatened use of violence;

   (iii)an offence involving the use, carriage, discharge or possession of a weapon; or

   (b)a domestic violence order, other than a temporary protection order, has been made against the person.

3. Here the issue becomes whether or not Mr Dimitriou’s conviction in the Magistrates Court in Cairns is a conviction for an offence involving the use or threatened use of violence pursuant to s 10B(2)(a)(ii) WA. If it is there is no discretion granted the Tribunal but it is mandatory that Mr Dimitriou be found not to be a fit and proper person to hold a weapons licence.

Criminal Code

1. By s 70 Criminal Code:

   Forcible entry

   (1)     Any person who, in a manner likely to cause, or cause reasonable fear of, unlawful violence to a person or to property, enters on land which is in the actual and peaceable possession of another commits a misdemeanour.

   Maximum penalty—2 years imprisonment.

   (2)     It is immaterial whether the person is entitled to enter on the land or not.

2. Section 70 is to be found in Part 2 of the Criminal Code titled Offences against Public Order, and Chapter 9 in that Part headed Breaches of the Peace.

3. Mr Dimitriou pleaded guilty to the charge. He therefore accepted the charge as proven. By pleading guilty Mr Dimitriou conceded that the elements of the offence required to be proven were proven. The elements of the offence include causing, or causing reasonable fear of, unlawful violence to a person or to property.

4. The offence is therefore one involving the use or threatened use of violence and that means s 10B(2)(a)(ii) WA is invoked and applies.

5. I have no discretion in the matter. Mr Dimitriou is deemed not to be a fit and proper person to hold a weapons licence.

6. The decision by Weapons Licensing to revoke his weapons licence must therefore be confirmed.