PENKETH and COMMISSIONER OF POLICE

The case between Penketh and the Commissioner of Police involved the revocation of Penketh's firearm and ammunition collector's licence under the Firearms Act 1973 (WA). The revocation occurred due to charges for which Penketh was subsequently convicted. The central issue before the court was whether Penketh was a fit and proper person to hold such a licence, considering his possession and cultivation of cannabis, possession of unlicensed firearms, and failure to ensure the safekeeping of firearms and ammunition. The court also had to consider any ameliorating factors and the overall context of multiple offences alongside Penketh's experience with firearms and his role as the captain of a rifle club.

The court examined the criteria for determining the fitness of a person to hold a firearm and ammunition collector's licence. It analysed the nature and circumstances of Penketh's offences, weighing them against the seriousness of the breaches and his overall suitability. The court acknowledged Penketh's extensive experience with firearms and his leadership role in a rifle club, which might otherwise support his fitness, but had to balance this against the seriousness of his criminal conduct. The court also considered whether any mitigating factors, such as Penketh's clean record prior to these offences, could influence the decision.

In its reasoning, the court found that despite Penketh's experience and leadership role in the firearms community, the gravity of his criminal activities, particularly involving firearms and controlled substances, outweighed any positive aspects. The court held that Penketh's possession and cultivation of cannabis, combined with his failure to ensure the safekeeping of firearms, demonstrated a significant lack of judgement and responsibility. Consequently, the court upheld the revocation of Penketh's licence, concluding that he was not a fit and proper person to hold such a licence. The court's decision was grounded in the need to protect public safety and maintain the integrity of the licensing system.

The court ordered that Penketh's firearm and ammunition collector's licence remain revoked, reflecting the seriousness of his criminal conduct and the potential risks he posed. The decision underscored the importance of strict adherence to the licensing criteria and the potential consequences for any breaches. This ruling serves as a reminder to all licence holders of the high standards expected in relation to the possession and management of firearms and ammunition.