Cusumano v. Commissioner of Police, New South Wales Police Service [2001] NSWADT 50

CITATION: Cusumano v. Commissioner of Police, New South Wales Police Service [2001] NSWADT 50 DIVISION: General Division APPLICANT Vincent Cusumano PARTIES: RESPONDENT Commissioner of Police, New South Wales Police Service FILE NUMBER: 003383 HEARING DATES: 14/03/2001 SUBMISSIONS CLOSED: 03/14/2001 DATE OF DECISION: 03/27/2001

BEFORE: Hennessy N (Deputy President) APPLICATION: Firearms Act - firearms licence - revocation of licence or permit - Firearms licence - revocation of licence or permit MATTER FOR DECISION: Principal matter LEGISLATION CITED : Firearms (General) Regulation 1997 Firearms Act 1996 CASES CITED: REPRESENTATION: T Morgan, solicitor C. Capper, solicitor ORDERS: 1. The Commissioner's decision to revoke Mr Cusumano's firearms licence is affirmed

Background

1 These proceedings relate to a decision made by the Commissioner of Police (the Commissioner) on 27 September 2000 to revoke Mr Cusamano's firearms licence. The basis for the revocation was a finding by the Local Court on 24 July 2000 that Mr Cusamano was guilty (with no conviction being recorded) of the following 26 offences: o 10 counts of "not keep firearm safely - not prohibited firearm/pistol" o 1 count of "Holder of category A or B licence not have approved storage" o 4 counts of "not keep firearm safely -prohibited firearm" o 7 counts of "possess unauthorised firearm - not prohibited firearm/pistol" and o 4 counts of "possess unauthorised firearm - not prohibited firearm" 2 The Commissioner relied on several grounds for revoking Mr Cusumano's firearms licence. One ground was withdrawn at the hearing, namely the ground which relied on s 24(2)(b)(ii) of the Firearms Act 1996 (the Firearms Act). In summary, the Commissioner submitted that he had made the correct decision in revoking Mr Cusumano's firearms licence because: o Mr Cusumano contravened a provision of the Firearms Act or Firearms (General) Regulation 1997 (the Regulations) even though he was not convicted of an offence (s 24(2)(b)(ii); o Mr Cusumano breached a condition of the licence, namely those conditions provided in s 40 relating to safe storage of firearms (s 24(2)(b)(iii); o Mr Cusumano is no longer a fit and proper person to hold a licence; (s 24(2)(c); and o It is not in the public interest for Mr Cusumano to continue to hold a licence (Cl 17 of Regulations). Issues and Conclusion