Director of Public Prosecutions v Johnson

Case

[2019] VCC 826

3 June 2019

No judgment structure available for this case.

IN THE COUNTY COURT OF VICTORIA

AT MELBOURNE

CRIMINAL DIVISION

Revised
Not Restricted
Suitable for Publication

Case No. CR-18-02173

DIRECTOR OF PUBLIC PROSECUTIONS
v
NATHAN JOHNSON

‑‑‑

JUDGE:

HIS HONOUR JUDGE GEORGIOU

WHERE HELD:

Melbourne

DATE OF HEARING:

20 May 2019

DATE OF SENTENCE:

3 June 2019

CASE MAY BE CITED AS:

DPP v Johnson

MEDIUM NEUTRAL CITATION:

[2019] VCC 826

REASONS FOR SENTENCE
‑‑‑

Subject:  CRIMINAL LAW
Catchwords:            Armed robbery of gun shop
Legislation Cited: s.75A(1) Crimes Act1958

Cases Cited:Azzopardi v The Queen [2011] 35 VR 43 DPP v Brittain [2017] VCC 394; Younger v The Queen [2017] VSCA 199.

Sentence:                CCO 24 months

‑‑‑

APPEARANCES:

Counsel Solicitors
For the DPP Ms K Churchill Office of Public Prosecutions
For the Accused Mr A Imrie Balmer & Associates

1 HIS HONOUR: Nathan Johnson, you have pleaded guilty to an indictment containing one charge of armed robbery contrary to s.75A(1) of the Crimes Act 1958. The offence of armed robbery carries a maximum penalty of 25 years' imprisonment.

2       

The particulars of the charge are that at Thornbury in Victoria on


29 January 2018 you robbed Peter Cassidy of certain property, namely 37 firearms, and at the time you knew that one of your co-offenders had with him a firearm.

3       Schedule A of the Indictment sets out the details of each of the 37 firearms. That schedule will be attached to these reasons.

4       The circumstances of your offending are set out in the Prosecution Opening which was tendered and marked Exhibit A, as well as in the Defence Outline of Submissions, which was tendered and marked Exhibit 1.

5       A summary of the facts is as follows. On 29 January 2018, at approximately 11.10 am, an armed robbery occurred at O'Reilly's Firearms (O'Reilly's) situated at 869 High Street, Thornbury. Four male offenders entered those premises. A demand was made for all the handguns from the service attendant, Mr Peter Cassidy, who was seated at the front reception counter. There were other staff and customers present at the time.

6       Shortly before the robbery, you drove your car to meet an unknown co-offender at a rendezvous point in Clapham Street, Thornbury. At this location, the other offenders were waiting for you in a stolen Toyota Kluger. You got into the Kluger leaving your car in Clapham Street.

7       The Kluger was then driven to O'Reilly's. Once there, your four co-offenders got out of the car and entered the store. You remained in the Kluger. The armed robbery was captured on closed circuit television (CCTV) footage which revealed that each of the offenders who entered the store were disguised and wearing gloves. Their faces were covered by items of material.

8       The first offender to enter O'Reilly's produced a handgun and pointed it at Mr Cassidy. The second offender to enter was carrying a grey coloured carry bag with wheels, and the third offender to enter was carrying a sports bag and a black crowbar. The fourth offender to enter was carrying a large sledge hammer.

9       The offender armed with the sledge hammer used it to gain access to a glass display cabinet storing the handguns. The offender carrying the crowbar used it to smash the right hand side of that display cabinet.

10      As a result of the armed robbery, a total of 37 handguns from the display cabinet were removed and placed into the bags that had been carried into the store.

11      At approximately 11.14 am, your co-offenders left the premises and returned to the Kluger in which you were seated. The Kluger was then driven back to Clapham Street, Thornbury.

12      Items were removed from the Kluger and placed into your car. The stolen firearms were placed into another car, a white Volkswagen parked nearby. You and your co-offenders then left in the two cars, leaving the stolen Kluger in Clapham Street.

13      The learned prosecutor tendered the CCTV footage of the armed robbery. That is marked Exhibit B. I have had the opportunity to view that footage.

14      You and an alleged co-offender, Adem Hammit, turned off your mobile phones on the morning of the robbery and did not turn them back on until later in the day.

15      

Following a police investigation you were arrested by police on


5 February 2018. Others were also arrested, they being Ahmed Al Hamza and Adem Hammit.

16      I am told by the prosecutor that Mr Al Hamza is charged with being a prohibited person in possession of the firearms that were stolen. Mr Hammit is charged with the armed robbery and being in possession of the firearms. Both of their cases are yet to be heard.

17      All 37 handguns stolen during the armed robbery were recovered by police. Nine handguns were found inside a grey coloured bag in Al Hamza's car. Twenty-seven handguns were found inside a red suitcase next to the grey bag. The 37th gun was found in a fire hose cabinet directly opposite the doorway to Al Hamza's unit.

18      You were interviewed by police on 6 February 2018, the day after your arrest. You denied involvement in the offence, stating that you went to work that morning, finished at 10am, and then went directly home where you remained all day.

19      During a suspension of the recorded interview, you were placed in a police cell with another male. Unbeknown to you, that male was a police covert operative.

20      When you spoke to that covert operative you made a number of admissions. They are set out at paragraph 31 of the Prosecution Opening, Exhibit A, and they include:

·     Your high school mates contacted you the night before the offence via the mobile phone application ‘WIKR’;

·     You drove your vehicle to a street near the gun store;

·     You drove your vehicle behind a Kluger that had been stolen to use in the job;

·     There was also another vehicle with fake plates on it that was used in the commission of the offence;

·     You did a u-turn in your car which was captured on a security camera that wasn't there when they planned the job 6 months ago;

·     You parked your car in the street and got into the front passenger seat of the Kluger;

·     They drove to O'Reilly's, and you remained in the car during the armed robbery;

·     After the incident they drove back to where your car was parked and some of your co-offenders got into your vehicle and the guns went in the other vehicle to Chadstone;

·     You drove your vehicle and parked it in the street and they all got changed and left the car and clothes there and you then went to a friend's place;

·     Later that day you returned to your vehicle and drove to a park in Moonee Ponds where you burnt the clothes and then threw the crowbar that was used in the incident into a lake;

·     You then returned to the burnt clothes and collected them and threw them into a drain.

21      When the police interview resumed, you maintained that you were not involved in the armed robbery. When police disclosed to you that you had spoken to a covert operative you told them that you had made up the story.

22      Scientific testing later showed that your DNA was found in the stolen Kluger.

23      Police attended the area where you claimed to have disposed of the burnt clothes and located their remains.

24      The following facts are also agreed between the prosecutor and your counsel:

(a)You had no knowledge of the armed robbery until a phone call the night before the offence was committed, when you were asked if you wanted to be involved in a 'job'.

(b)You had no involvement in the prior planning of the offence.

(c)You had no knowledge of the following details of the 'job' until it was under way:

·the nature of the premises to be robbed;

·what was intended to be stolen;

·the extent of any prior planning;

·the weapons and implements to be used.

(d)Specifically, you were not aware that a gun shop was the intended target and that firearms were to be stolen until you found yourself outside the gun shop as the offence was being committed.

(e)You had no knowledge of who or how many offenders were to be involved before the day of the offence, other than the co-offender who contacted you the night before the offence.

(f)At all relevant times, you acted under the instructions of others.

(g)You were not a volunteer and stood to benefit financially.

(h)Although you acquired some general knowledge of what was to occur with the firearms after the fact (that is, that they were to be on sold and their value would increase the longer they were held), you had no involvement in any dealings with the firearms after you left the scene the day the offence was committed.

25      I turn to your role in the offending, and the gravity of your conduct.

Role in offending and gravity

26      As already mentioned, the offence of armed robbery carries a maximum penalty of 25 years' imprisonment. That maximum penalty reflects the seriousness of the offence.

27 I am required by s.5(2) of the Sentencing Act 1991 to have regard to a number of factors, including the nature and gravity of the offence as well as your culpability and degree of responsibility for the offence.

28      That the armed robbery was committed on a gun shop with 37 handguns stolen, with the intention that they later be sold, makes this a particularly serious offence.

29      It was submitted by your counsel that you were contacted by a school friend the night before who asked whether you wanted to make some 'quick money'. You did not know at that time what was contemplated save that, whatever it was, it would be unlawful. Whilst this was a well-planned armed robbery, it was submitted that you had no involvement in the planning. These matters are not challenged by the prosecution.

30      I accept that when regard is had to what you actually knew, when you knew it, and your role in the offending, your culpability and degree of responsibility is significantly moderated.

31      Nevertheless, you travelled to the rendezvous point in your car and then, in the stolen Kluger, to O'Reilley's. You remained in the Kluger while your co-offenders disguised and armed themselves and then entered the premises. Knowing at that stage that they were going to commit an armed robbery of a gun shop, you did not take the opportunity to leave the scene. Instead, you remained in the car until the armed robbery was completed, you drove with the co-offenders back to the rendezvous point, and you later assisted in the disposal of the clothing worn by the co-offenders.

32      I was informed by your counsel that, on your instructions, you were expecting to receive 'a couple of thousand dollars'. The exact amount was not articulated beyond that.

33      Your plea of guilty to the charge on the indictment, as it is particularised, means that you knew at the time of the armed robbery that one of the co‑offenders had with him a firearm.

34      At paragraph 3(g) of the outline of submissions on the plea, Exhibit 1, reference is made to you not being a volunteer. I was told by your counsel that what is meant by that is that you understood you were to be paid.

35      In summarising the degree of your moral culpability, your counsel relied upon the following:

·You were not directly involved in the actual armed robbery;

·You did not brandish a weapon;

·You did not drive the Kluger;

·You had limited knowledge;

·In the circumstances you faced, you were confronted with a number of difficult decisions ―

o   First, at the point you got into the Kluger;

o   Second at the gun shop, and

o   Third, at the point you drove others upon returning to your car.

36      The next point relied upon is:

·You were not the get-away driver.

37      The next point is that:

·Later in the day of the armed robbery, you disposed of the clothing used.

38      As to why you agreed to become involved in something illegal, I was told that you are a young, immature person who is easily led and that you did so without appreciating the seriousness of the enterprise in which you became involved.

39      I accept that you did little to facilitate the commission of the offence and that your involvement was on the periphery in all of the circumstances. However, you voluntarily became involved in a serious offence and did not withdraw as the events were unfolding.

Personal circumstances

40      You are aged 21, having been born in November 1997. You were aged 20 at the time the offence was committed.

41      Your parents separated when you were approximately four years of age due to family violence.

42      You were educated at Craigieburn Secondary College where you completed Year 11. You were expelled from that school and subsequently completed your VCE at Wallan Secondary College in 2016. You have an older brother aged 25, who runs his own electrical business in Adelaide, a younger sister aged 19, who is employed as an assistant manager, and an older half-sister.

43      You have always lived with your mother up until the time of your incarceration on 5 February 2018. You have an excellent relationship with her. She was called to give evidence at the plea hearing and stated that you started to get into trouble at school in about Year 11 due to misbehaviour, which she attributed to your mixing with the wrong crowd. When you transferred to Wallan Secondary College you performed much better, completing your VCE.

44      Upon completion of your schooling, you worked with your mother at Direct Freight Express. A letter from Rob Hutchison, the HR manager, was tendered as Exhibit 4. He stated that during your time with the company, from 20 December 2016 to 5 February 2018, you 'displayed a work ethic, reliability and that you were not involved in any incidents at work. Your employment terminated by reason of your being taken into custody.'

45      Your mother stated that on learning of your involvement in this offence, she was in a state of shock and disbelief, the offending being out of character.

46      She visits you in custody each fortnight and speaks to you several times each week on the telephone.

47      You told her that you want to make amends for your behaviour, and it is your hope that upon release you will obtain an apprenticeship in the plumbing trade. Your mother will be happy for you to return to live with her upon your release.

48      Your father also gave evidence. He also visits you in gaol on a fortnightly basis. You have discussed your offending with him. You told him that you regret your involvement in the offence and that you will not do anything like that again.

49      Your sister, Brooke, also gave evidence. You and she enjoy a very close relationship. She is employed on a full-time basis as an assistant manager at a fast food chain. She has counselled you in the past against mixing with the wrong crowd and to not follow others into wrongdoing. You have discussed your offending behaviour with her and told her of your regret.

50      You are a youthful offender, and you have no prior convictions.  Those are relevant matters to the sentencing exercise I must perform.

Admissions and guilty plea

51      You were interviewed by police on 6 February 2018. You denied your involvement. You maintained your denial even after having made certain admissions to the covert police operative.

52      However, you have since pleaded guilty to the offence. You pleaded guilty on the second day of a committal hearing. I am prepared to give you the full benefit of an early plea as I am told that the matter resolved following the withdrawal of a charge of possession of the firearms and also that a number of factual concessions were made by the prosecution.

53      Your plea of guilty is indicative of some remorse and you have spared the Court, the community and witnesses the ordeal of a trial.

Remorse

54      In addition to your plea of guilty, you state that you are fully regretful of your actions and that you are deeply sorry. Your letter to the Court was tendered and marked Exhibit 3. You have also expressed your remorse to a number of your character referees.

55      I have had regard to each of the character references tendered at the plea hearing on your behalf.

56      It is clear that you have a strongly supportive family and girlfriend. Each visits you on a regular basis in gaol and will continue to support you upon your release. Your conduct has not only impacted upon them, but also the direct victims of this crime.  Your friend and family could not believe that you became involved in this offence, it being so uncharacteristic.

Prospects of rehabilitation

57      I have had regard to each of the character references tendered on your behalf as well as the evidence of your mother, father and sister.

58      In all of the circumstances, I consider that you have good prospects of rehabilitation. I rely upon a number of factors in reaching that conclusion. These factors are:

·your youth;

·the strong family support that you continue to enjoy;

·your remorse;

·your level of education;

·your good employment history at Direct Freight Express;

·the fact that you have no criminal history; and

·your prospects of employment.

Summary of sentencing principles

59      In sentencing you, I must have regard to a range of factors. I must give effect to the principles of general and specific deterrence. I must deter other people from behaving in the way you did. Armed robbery is a prevalent offence. It is a serious offence. I must also deter you from repeating such behaviour, although because of my findings with respect to your prospects of rehabilitation, specific deterrence will carry less weight.

60      I am also required to manifest the community's denunciation of your conduct, and I do so. I am also required to impose a sentence that is just in all of the circumstances.

61      You are a youthful offender and the youthful offender sentencing principles apply. As such, your rehabilitation remains a very important component of any sentence that I impose. Clearly, if you can be rehabilitated, that will best serve the protection of the community.

62      I am mindful, however, that with the offence of armed robbery, in particular, deterrence remains a dominant purpose for imposing a sentence.

63      In Azzopardi v The Queen [2011] 35 VR 43, Redlich JA stated at paragraph [44]:

"The general propositions which flow from these authorities is that where the degree of criminality of the offences requires the sentencing objectives of deterrence, denunciation, just punishment and protection of the community to become more prominent in the sentencing calculus, the weight to be attached to youth is correspondingly reduced. As the level of seriousness of the criminality increases there will be a corresponding reduction in the mitigating effects of the offender's youth."

64      In all of the circumstances of this case, I consider that general deterrence is as important to the sentencing exercise I must perform as are your prospects for rehabilitation. I say that given the seriousness of the armed robbery under consideration.

Victim Impact Statements

65      Since the plea hearing a number of Victim Impact Statements were obtained and forwarded to the Court. They were tendered and marked Exhibit C. They were read out in Court this morning by the learned prosecutor. They should bring home to you the impact of your offending and that of your co-offenders on innocent people.

66      I take those Victim Impact Statements into account in sentencing you.

Custody

67      You have been in custody since the day of your arrest on 5 February 2018. Given your age and what you have told members of your family, I have little doubt that it has been a salutary lesson to you. You have made good use of your time in custody by participating in a number of programs designed to assist you upon your release to reduce the risk of your reoffending.

68      I note that as a result of your offending, your car is to be forfeited. You consented to an order for forfeiture. I am told that the car was worth approximately $30,000, that you had put significant work into the car, and that you still owe approximately $15,000 to $16,000 on that car. Thus your offending has had an additional impact upon you over and above the penalty that I will be imposing. I am able to take this into account under the provisions of the Sentencing Act and I do so.

Current sentencing practices

69      I am obliged to have regard to current sentencing practices in determining an appropriate sentence, though I do have regard to what was said by the High Court in DPP v Dalgliesh [2017] VSCA 360 that current sentencing practices are one of the many factors that must be taken into account in sentencing.

70      I have had regard to the many sentencing decisions of this and other courts referred to in the Judicial College of Victoria's Sentencing Manual, as well as the Sentencing Advisory Council's Sentencing Snapshot in relation to the offence of armed robbery. I do note, however, the submissions made by both the learned prosecutor and your counsel that the Judicial College of Victoria's summaries do not assist very much given the wide manner in which armed robbery cases come to be committed.

71      I was referred, in the course of argument, to the cases of DPP v Brittain [2017] VCC 394 and Younger v The Queen [2017] VSCA 199. I have had regard to both cases.

72      It was submitted to me by your counsel that given the time you have already spent in custody, now being 483 days, a Community Corrections Order was an appropriate disposition. The learned prosecutor did not suggest that such a penalty was outside the range of sentences that may be imposed in the particular circumstances of both your offending and your background.

73      Following the plea hearing, you were assessed for your suitability for a Community Corrections Order. You were found suitable for such an order. The author of that report, applying the Level of Service/Risk assessment tool, assessed your general risk of reoffending as being low.

74      I propose to accede to the sentencing submission made by your counsel subject to your agreement.

Sentence

75      Mr Johnson, the sentence that I propose to make, subject to your agreeing to enter in a Community Corrections Order, is as follows:  on the charge of armed robbery, you will be convicted and sentenced to a term of imprisonment of 483 days. I will also place you on a Community Corrections Order.

76      The Community Corrections Order will be for a period of 24 months from today's date. In addition to the mandatory conditions, which I will read out to you shortly, I also intend to impose the following additional conditions:

·               You are to perform 220 hours of unpaid community work to be completed within 24 months of your entering the Order,

·               You are to participate in programs designed to address factors related to your offending;

·               You are to be supervised by Seymour Community Corrections Service;

·               There will also be a judicial monitoring condition attached to the Order. You will be required to attend this Court at 9.30 am on the 9 September 2019. At that time I will require a written report from the Department of Community Corrections as to your progress on the Order.

77      There are also mandatory conditions that apply to all Community Corrections Orders. That means they apply to you. They are:

i.)     You must not commit another offence for which you could be imprisoned during the time the order is in force;

ii.)    You must comply with any obligation or requirement prescribed by regulation 17 of the Sentencing Regulations 2011;

iii.)     You must report to, and receive visits from, the Secretary (or his or her delegate);

iv.)    You must report to the Community Corrections Centre within two clear working days of the order starting;

v.)    You must let a community corrections officer know within two clear working days of you changing your address or employment;

vi.)    You must not leave Victoria without first getting permission to do so from the Secretary (or his or her delegate);

vii.)    You must obey all lawful instructions from and directions of the Secretary (or his or her delegate).

78      It is important for you to understand that if you were to breach the conditions of your CCO you may be brought back to this Court and be re-sentenced on the charge of armed robbery together with any other penalty that may be imposed for breaching the Community Corrections Order.

79      Do you understand each of those matters I have just read out to you?

80      OFFENDER:  Yes, Your Honour.

81      HIS HONOUR:  Do you consent to entering the Community Corrections Order with each of those conditions attached to it?

82      OFFENDER:  Yes, Your Honour.

83      HIS HONOUR:  Mr Johnson, was that a copy of the order that you have just signed?

84      OFFENDER:  Yes, Your Honour.

85                 (Community Corrections order signed and acknowledged.)

86      HIS HONOUR:  All right.  That document can be handed back to the Correctional Services Officer, and it will be transmitted to this court.

87      OFFENDER:  I can't hear you.

88      HIS HONOUR:  Mr Johnson, I make the Community Corrections Order in the terms that have been read out to you.

Pre-sentence detention

89 You have spent 483 days in custody in relation to this matter, not including today. Pursuant to s.18 of the Sentencing Act, I declare 483 days to be reckoned as the period of imprisonment already served under this sentence.

Section 6AAA Sentencing Act

90 Pursuant to s.6AAA of the Sentencing Act, I indicate that had you not pleaded guilty, I would have sentenced you to a total effective sentence of 3 years' imprisonment with a non-parole period of 2 years.

Disposal Order

91      The prosecution has made application for a Disposal Order pursuant to s.77 of the Confiscation Act 1977, and I make the order in the terms sought.

Forfeiture Order

92      The prosecution has also sought forfeiture of your Mazda 3 and an Apple iPhone. I make the order in the terms sought.

93      Ms Varney, Ms Churchill, are there any other matters to which I need to attend?

94      MS VARNEY:  There was just one, Your Honour, from my end.  There was an application, I think, for the firearms disposal order, as well.

95      HIS HONOUR:  Thank you.  Yes.  Yes.

96      MS VARNEY:  Forfeiture, I should have said.  Firearms forfeiture.

97      HIS HONOUR:  Yes, all right.  Yes, I'll make the forfeiture order in relation to the firearms, also, as sought in the terms that appear on the forfeiture order.  No other matters?

98      COUNSEL:  No, Your Honour.

99      HIS HONOUR:  All right.  Ms Varney, are you satisfied that your client understands the matters?

100     MS VARNEY:  Yes, Your Honour.

101     HIS HONOUR:  Yes.  Once I have signed the order, it will be emailed or faxed back to the prison, and it is hoped that he will be released soon thereafter.

102     MS VARNEY:  Thank you, Your Honour.

103     HIS HONOUR:  Do you follow that, Mr Johnson?

104     OFFENDER:  Yes, Your Honour.

105     HIS HONOUR:  You heard that last bit?

106     OFFENDER:  Yes, Your Honour.

107     HIS HONOUR: All right.  Well, I'll see you in September.  Good luck with the order.

108     MS VARNEY:  As Your Honour pleases.

109     HIS HONOUR:  Adjourn the court.

- - -

Schedule A – Indictment J10354444

No. Make Model Type Action Calibre Serial Number
1 Sturm Ruger Security Six General Category Handgun – Class 3 Revolver 357 Magnum 153-16307
2 Tanfoglio Equaliser General Category Handgun – Class 4 Semi-automatic 40 Smith & Wesson Auto M01598
3 Heckler & Koch USP General Category Handgun – Class 3 Semi-automatic 9mm Luger 24027987
4 Heckler & Koch USP General Category Handgun – Class 3 Semi-automatic 9mm Luger 24056258
5 Beretta 87 Target General Category Handgun – Class 2 Semi-automatic 22 Rimfire C36244U
6 Taurus PT 100 General Category Handgun – Class 4 Semi-automatic 40 Smith & Wesson Auto STJ78207
7 Glock 34 General Category Handgun – Class 3 Semi-automatic 9mm Luger FRE028
8 Walther P 22 General Category Handgun – Class 2 Semi-automatic 22 Rimfire H001128
9 Beretta PX 4 Storm General Category Handgun – Class 4 Semi-automatic 40 Smith & Wesson Auto PY15160
10 Browning Hi Power General Category Handgun – Class 3 Semi-automatic 9mm Luger 511MN50632
11 Chiappa Firearms 1911-22 General Category Handgun – Class 2 Semi-automatic 22 Rimfire 78637
12 Beretta U 22 NEOS General Category Handgun – Class 2 Semi-automatic 22 Rimfire T17132
13 Beretta U 22 NEOS DLX INOX General Category Handgun – Class 2 Semi-automatic 22 Rimfire T32094
14 Browning Buck Mark General Category Handgun – Class 2 Semi-automatic 22 Rimfire 515ZW30414
15 Colt 1911 Rail Gun General Category Handgun – Class 2 Semi-automatic 22 Rimfire LK043773
16 Beretta 87 General Category Handgun – Class 2 Semi-automatic 22 Rimfire C52110U
17 Sturm Ruger Mark III General Category Handgun – Class 2 Semi-automatic 22 Rimfire 27483106
18 HS Product HS 9 Tactical General Category Handgun – Class 3 Semi-automatic 9mm Luger H187460
19 Magnum Research Baby Eagle General Category Handgun – Class 3 Semi-automatic 9mm Luger 41313617
20 Beretta 92 FS Centennial General Category Handgun – Class 3 Semi-automatic 9mm Luger CX0369-1915
21 Kimber Stainless Target II General Category Handgun – Class 3 Semi-automatic 9mm Luger KF30637
22 Beretta 92 FS INOX General Category Handgun – Class 3 Semi-automatic 9mm Luger M80733Z
23 Sturm Ruger Mark III General Category Handgun – Class 2 Semi-automatic 22 Rimfire 27505406
24 Sig Sauer P 226 General Category Handgun – Class 3 Semi-automatic 9mm Luger U876339
25 Smith & Wesson 629 General Category Handgun – Class 4 Revolver 44 Remington Magnum CWF8417
26 Remington 1911 R1 Enhanced General Category Handgun – Class 3 Semi-automatic 9mm Luger RHH013400
27 Sturm Ruger 22/45 General Category Handgun – Class 2 Semi-automatic 22 Rimfire 27528304
28 Glock 17 A Generation 4 General Category Handgun – Class 3 Semi-automatic 9mm Luger BBVA426
29 Sturm Ruger Mark IV Hunter General Category Handgun – Class 2 Semi-automatic 22 Rimfire WBR126416
30 Steyr Mannlicher RFP General Category Handgun – Class 2 Semi-automatic 22 Rimfire RFP00585
31 CZ 75 SP-01 Shadow General Category Handgun – Class 3 Semi-automatic 9mm Luger C197831
32 Sig Sauer P 226 General Category Handgun – Class 3 Semi-automatic 9mm Luger 47C010149
33 Glock 17 A General Category Handgun – Class 3 Semi-automatic 9mm Luger BEAC571
34 Sig Sauer Mosquito General Category Handgun – Class 2 Semi-automatic 22 Rimfire A075981
35 Magnum Research Inc Desert Eagle 1911 G General Category Handgun – Class 3 Semi-automatic 9mm Luger G017474
36 Beretta 92 F Conversion General Category Handgun – Class 2 Semi-automatic 22 Rimfire BM025394
37 Beretta 92 FS General Category Handgun – Class 3 Semi-automatic 9mm Luger BER629925
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Younger v The Queen [2017] VSCA 199