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Date: Mon, 28 Sep 1998 09:57:46 +0930 From: SSAA <Sporting.Shooters.Association@adelaide.on.net> Subject: NEWS - Toy Pistol case dismissed Reply-to: Sporting.Shooters.Association@adelaide.on.net
THE SUNDAY TELEGRAPH, Sydney. Sept 27.by Wayne Jones. A MAGISTRATE has dismissed charges against a 165 year old boy who faced jail for possessin a toy cap gun. The magistrate, Hal Halenstean, made the decision after hearing what he described as a "silly case" on Friday. "We all have better things to do", Mr Halenstein said, The boy, who cannot be identified bought the toy cap gun from a toy stall at Victoria's Dandednong Market on May 12. Minutes later, police looking for drug dealers found the cap gun in the boy's jacket. They charged boy with several firearm offences which carry a jail sentence. In court, Mr Halenstein twice gave prosecutors on opportunity to withdraw the charges against the boy, but police indicated they would continue to contest the case. Using special provisions of the Sentencing Act, Mr Halenstein then dissmissed the charges. The boy's barrister, Arend Slink, said the court case had set a precedent under the new gun laws. Toy cap guns could no longer be classed as prohibited weapons, he said. "If there is any sinister intent there are a range of serious charges that a person could be charged with. "Mr Slink" said"But in the case of a child possessing a toy cap gun a precedent has now been clearly set". The Sunday Telegraph reported on May 24 the boy could face jail if found guilty of the swrioud gun charges, which included: # Being a non-prohibited person did possess/carry a handgun which was not registered. # Being a non-prohibited person did possess/ carry a handgun which ge did not have a licecnce for under part two of the Firearms Act 1996. # Did own a handgun whilst not authorissed by a licence under the Firearms Act 1996 to possess a firearm. Police had alleged the toy gun was consedered an imitation firearm inder strict new gun laws and therefore deemed to be a prohibited weapon. The toy gun bought by the boy is one of thousands soldacross the state. The boy said he had bought the toy cap gun with pocket money. THE END. ------------------------------------------------------------------------ View Democrat Firearm Policy www.ssaa.org.au/dempolicy.html Print, copy and distribute. ===================END FORWARDED MESSAGE=================== Jean-Francois Avon, B.Sc. Physics, Montreal, Canada DePompadour, Société d'Importation Ltée Limoges fine porcelain and french crystal JFA Technologies, R&D physicists & engineers Instrumentation & control, LabView programming PGP keys: http://bs.mit.edu:8001/pks-toplev.html PGP ID:C58ADD0D:529645E8205A8A5E F87CC86FAEFEF891 PGP ID:5B51964D:152ACCBCD4A481B0 254011193237822C