Martin v Commissioner of Police

The applicant, Martin, brought an application for judicial review of the Commissioner of Police's decision to revoke his category ABH firearms licence. Martin's application was dismissed in the Supreme Court of Victoria, which decision Martin sought to appeal to the Court of Appeal. The court was required to determine whether the Commissioner's decision was legally sound, and whether it was appropriate to grant Martin a category ABH firearms licence, and to issue a certificate under s 128 of the Evidence Act in relation to Martin's working model cannon.

The court found that the Commissioner's decision was not supported by the evidence and was unreasonable. The court held that the Commissioner had failed to consider relevant evidence, including evidence from Martin's expert witness, Mr Ian McBain, and evidence relating to the working model cannon. The court found that the Commissioner's decision was based on an incorrect understanding of the law, and that it was not in the public interest to revoke Martin's licence. The court concluded that Martin was entitled to a category ABH firearms licence, and that a certificate under s 128 of the Evidence Act should be issued to Martin and to Mr McBain in relation to their evidence. The court set aside the Commissioner's decision, and ordered that a category ABH firearms licence be issued to Martin. The court also ordered that a certificate under s 128 of the Evidence Act be issued to Martin and to Mr McBain in relation to their evidence.