Joseph v Commissioner of Police, NSW Police Force [2019] NSWCATAD 4

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Joseph v Commissioner of Police, NSW Police Force [2019] NSWCATAD 4 Hearing dates: 3 September 2018 Date of orders: 02 January 2019 Decision date: 02 January 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member Decision: The respondent's decisions to revoke the applicant's firearms licence and high calibre pistol permit are affirmed. Catchwords: ADMINISTRATIVE LAW- Firearms – Where respondent revoked applicant's firearms licence and high calibre pistol permit – Where charges against applicant for obtaining a benefit by deception had been made in 2007 then withdrawn – Where applicant gave no evidence and made no submissions as to respondent's evidence of underlying conduct – Where applicant admitted to making misleading applications for permits to acquire guns in 2012 – Where senior police officer provided positive evidence about applicant's character – Where applicant found guilty of firearms offences committed in January 2017 which related to imitation firearms he was selling as toys – Where applicant found guilty of possessing a prohibited weapon Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 Firearms Act 1996 (NSW) Firearms Regulation 2017 (NSW) Weapons Prohibition Act 1998 (NSW) Cases Cited: Commissioner of Police v Joseph [2015] NSWCATAP 9 Commissioner of Police v Joseph [2016] NSWCATAP 124 Commissioner of Police v Toleafoa [1999] NSWADTAP 9 Commissioner of Police (NSW Police Force) v Howard Silvers & Sons Pty Ltd [2017] NSWSC 981 CXJ v Commissioner of Police [2017] NSWCATAD 39 Director of Public Prosecutions v Smith [1991] 1 VR 63 Hawkins v Commissioner of Police, NSW Police Force [2011] NSWADT 190 Health Care Complaints Commission v Litchfield [1997] NSWSC 297; (1997) 41 NSWLR 630 Joseph v NSW Commissioner of Police [2017] NSWCA 31 Lee v Health Care Complaints Commission [2012] NSWCA 80 Martin v Commissioner of Police, NSW Police Force [2010] NSWADT 276 Wilkinson v Commissioner of Police, New South Wales Police Service [2002] NSWADT 59 Wiltshire v Commissioner of Police, New South Wales Police [2005] NSWADT 75 Texts Cited: Nil Category: Principal judgment Parties: Marsleno Joseph (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Solicitors: Mainstone Lawyers (Applicant) Lindsay Taylor Lawyers (Respondent) File Number(s): 2017/00379599 Publication restriction: Publication of certain parts of the evidence is prohibited pursuant to s 64(1)(c) of the Civil and Administrative Tribunal Act 2013.