Weapons Offences Lawyer Cairns — Fixed Fee
$2,100 — Fixed Fee
Fixed Fees: Unlawful possession (Category A, B or M weapon) — Cairns Magistrates Court plea — $2,100 fixed ; Unlawful possession (Category C, D, H, R or prohibited weapon) or supply — Magistrates Court plea — $4,800 fixed ; Trafficking or District Court plea — from $12,000 District Court trial — from $15,000 Covers : initial consultation, review of the prosecution brief and circumstances of possession, advice on category and mandatory sentencing exposure, sentencing submissions, character reference guidance, court appearance, and post-sentence advice including licence consequences. No hidden fees. One invoice. All fees +10% GST.
What Is Included
Initial consultation to review the charge, the weapon category, your licence history, and the circumstances of possession Honest advice on whether mandatory imprisonment applies to your specific charge Review of the prosecution brief, QP9, and any search and seizure documentation Advice on whether the charge or facts can be negotiated with the prosecution Preparation of written sentencing submissions tailored to your circumstances • Guidance on character references and any supporting material Full appearance by Sacha at your sentencing hearing • Post-sentence advice on firearms licence consequences and disqualification periods
This Is More Serious Than Most People Realise
A weapons charge in Queensland is not treated like a traffic matter. For certain categories of firearm and certain circumstances, the court has no discretion — mandatory minimum imprisonment applies and cannot be suspended. A first-time offender with no history can walk into a Cairns courtroom unrepresented and walk out with a sentence they had no idea was coming. The first thing Sacha does is tell you exactly where your charge sits — which category, whether a mandatory minimum is engaged, and what the realistic range of outcomes looks like. That conversation happens at the first consultation, before anything else.
Whether You Go to Jail Depends on the Specifics
Most weapons charges in Queensland are dealt with in the Magistrates Court under s 50 of the Weapons Act 1990 (Qld) — unlawful possession of a weapon without an appropriate licence. What you are facing depends on the category of weapon and how many you had. For a category A, B or M weapon — unlicensed rifles, shotguns, crossbows — the maximum on indictment is 300 penalty units ($51,810) or 7 years. Category C or E is 500 penalty units ($86,350) or 10 years, and category D, H or R is 700 penalty units ($120,890) or 14 years. Ten or more weapons takes it to 15 or 20 years. Those figures are the ceiling, not the expectation: on a summary conviction in the Magistrates Court the most that can be imposed is 150 penalty units ($25,905) or 3 years under s 161(8), and for a first category A or B possession charge with no aggravating features, actual imprisonment is unlikely. A fine, a good behaviour bond or no conviction recorded are realistic outcomes with the right preparation. Unlawful supply (s 50B) carries up to 20 years. Trafficking (s 65) is a crime carrying life imprisonment, with minimums of 5 years where a category H or R firearm is involved and 3 and a half years for other categories, category M crossbows or explosives. The picture changes for higher-category weapons. Mandatory minimum imprisonment — served wholly in a corrective services facility, with no suspension — applies to adults where the charge involves a category C, D, E, H or R weapon, or ten or more weapons: Firearm used to commit an indictable offence — 18 months. Firearm possessed for the purpose of committing or facilitating an indictable offence — 1 year. Short firearm in a public place without a reasonable excuse — 1 year. Category A, B or M weapon — 9 months if the firearm was used to commit an indictable offence, 6 months if possessed for the purpose of committing one. These minimums are absolute. The court cannot go below them. What Sacha focuses on is whether the minimum is actually engaged on the facts — the other offence has to be an indictable one, and the prosecution must prove every element that triggers it.
Your Licence Is Also at Risk
A weapons charge can cost you your firearms licence, but not automatically. Under s 28 of the Act an authorised officer may suspend a licence by giving the holder a suspension notice: where satisfied the holder has been charged with a serious offence, where the holder is temporarily unable to comply with a condition of the licence, or where the officer considers on reasonable grounds that the holder may no longer be a fit and proper person to hold a licence. A suspension based on a charge runs until the proceeding for the charge ends or an authorised officer lifts it. A suspension on fit and proper grounds ends when an authorised officer lifts it or 90 days after it starts, whichever comes first, and any permit to acquire you hold is suspended at the same time. On conviction, the practical bar is the fit and proper person test in section 10B. That test applies when you apply for a licence, renew one, or are given a revocation notice — it does not apply to a suspension. You are not a fit and proper person if, in the 10 years before that day, you were convicted of a class A or class B serious offence, released from custody for one, or subject to a supervision order for one; the same applies on a 5 year window for a class C serious offence, or if a domestic violence order (other than a temporary protection order) was made or a police protection direction issued against you. The conviction has to be a recorded one, but a spent conviction still counts. If you rely on a firearms licence for work — primary industries, pest management, security — the licence consequence can be as significant as the sentence itself. Sacha addresses both in every matter.
What Changes the Outcome
The mandatory minimums aside, most weapons charges carry a wide sentencing range. The difference between a fine and actual imprisonment, or between a conviction recorded and none, comes down to preparation. Whether the mandatory minimum actually applies. These provisions are specific — they require a defined weapon category, a defined circumstance, and an adult offender. Getting this analysis right at the outset shapes everything that follows. How the weapon came to be in your possession. Temporary possession, holding a weapon for someone else, or not knowing a weapon was in a shared vehicle are factually different from deliberate unlicensed acquisition. Where possession or knowledge is genuinely contestable, that is a live issue in the matter. Your licence history. In limited circumstances, a recently lapsed licence provides a reasonable excuse defence for the short firearm in a public place mandatory minimum. Narrow, but worth examining where the facts support it. Your personal circumstances. Employment, family responsibilities, the context of the charge, and steps taken since — these are the materials Sacha works with to put the most effective case before the Magistrate. Whether a conviction should be recorded. For lower-category weapons without aggravating circumstances, the court retains discretion to deal with a matter without recording a conviction. Sacha advises honestly on whether it is achievable in your case.
What Sacha Focuses On
Before any submission is prepared, the brief is read in full. Where there are issues with how the weapon was found — the basis for the search, chain of custody, or whether possession is genuinely established on the evidence — those are identified before the plea is entered, not after. For cases where mandatory minimums are in play, the focus is on whether they are actually engaged on the specific facts. Mandatory minimums are not automatic — every element that triggers them must be proven. Where there is room to argue, Sacha finds it. For plea matters, written sentencing submissions address your circumstances, your history, the category of weapon, and any mitigating factors available to you. The difference between the minimum available outcome and the maximum is real, and preparation is what determines it.
FREQUENTLY ASKED QUESTIONS
Will I go to jail for having an unlicensed gun? Not necessarily. For most first-offence Category A or B possession charges without aggravating circumstances, imprisonment is not the usual outcome. The risk increases significantly for higher-category weapons — particularly pistols and Category H firearms — and where the weapon was involved in another offence. Sacha will give you an honest assessment at the first consultation. What is a mandatory minimum and can it be avoided? A mandatory minimum is a sentence floor the court cannot go below. For certain weapons charges it applies regardless of your circumstances or history. It cannot be suspended. What can be argued is whether the mandatory minimum is actually engaged on the facts — the prosecution must prove every element that triggers it. Does it matter that I didn't know the gun was there? Knowledge of the weapon is an element the prosecution must establish. If you genuinely did not know a weapon was in the vehicle or premises, that is a contestable issue. Sacha assesses whether the prosecution's evidence actually establishes knowledge and control. My firearms licence expired recently — does that help? In limited circumstances, yes. Section 50(1A) of the Weapons Act 1990 (Qld) provides a narrow reasonable excuse defence for the short firearm in a public place mandatory minimum where a licence expired within the preceding 12 months. Sacha advises on whether it applies to your matter. What happens to my firearms licence while the charge is being dealt with? Not automatically. Under s 28 of the Act an authorised officer may suspend your licence by giving you a suspension notice: where satisfied you have been charged with a serious offence, where you are temporarily unable to comply with a condition of your licence, or where the officer considers on reasonable grounds that you may no longer be a fit and proper person to hold one. If the suspension is based on a charge, it runs until the proceeding for that charge ends or an authorised officer lifts it. A suspension on fit and proper grounds ends when an authorised officer lifts it or 90 days after it starts, whichever comes first, and any permit to acquire you hold is suspended at the same time. If you are convicted, the practical bar is the fit and proper person test in s 10B. It applies when you apply for a licence, renew one, or are given a revocation notice — not to a suspension. You are not a fit and proper person if, in the 10 years before that day, you were convicted of a class A or class B serious offence, released from custody for one, or subject to a supervision order for one; the same applies on a 5 year window for a class C serious offence, or if a domestic violence order (other than a temporary protection order) was made or a police protection direction issued against you. The conviction has to be a recorded one, but a spent conviction still counts. If your licence is critical to your work, call us before your first court appearance. Can the charge be negotiated or reduced? In some cases, yes. Where the prosecution's version of events is overstated, where the weapon category is arguable, or where the circumstances don't support the charge as laid, representations to the prosecution before the plea date are appropriate. Sacha advises on whether that is realistic in your matter.