Lee v Commissioner of Police

The applicant, Mr. Lee, sought judicial review of a decision by the Commissioner of Police to revoke his category AB firearms licence. The revocation was based on Mr. Lee's pending charges for assaulting a family member, among other factors. The case was heard in the Federal Circuit and Family Court of Australia. Mr. Lee argued that the decision was unreasonable and that the public interest did not warrant revocation of his licence. The Commissioner contended that the charges, coupled with other domestic circumstances, justified the revocation to protect the public.

The central legal issues before the court were whether the Commissioner's decision to revoke the licence was unreasonable and whether the public interest required such action. The court had to consider the weight of the assault charges, the nature of the domestic circumstances, and whether these factors warranted an interference with Mr. Lee's right to possess firearms under his licence. Additionally, the court assessed the proportionality of the revocation in relation to the alleged offences.

The court found that the Commissioner's decision was indeed unreasonable. It determined that the evidence presented did not substantiate a clear and imminent risk to public safety that would justify revoking the licence. The court emphasised that the charges were pending, and no conviction had been established. Furthermore, the court noted that there were mitigating factors, such as Mr. Lee's otherwise unblemished record and his cooperation with authorities. Consequently, the court held that the public interest did not necessitate the revocation of Mr. Lee's firearms licence. The decision was set aside, and the court ordered the restoration of the applicant's category AB firearms licence.