Report on Mandatory Sentences - Law Reform Commission

to commit an indictable offence. 416 This offence will attract a minimum sentence of either six months 417 or
one year 418 where an adult offender unlawfully possesses the firearm for the purpose of committing or
facilitating the commission of an indictable offence. 419 A minimum sentence of one year is also
prescribed for the unlawful possession of a short firearm in a public place, without a reasonable
excuse. 420 Second, the offence of unlawfully supplying weapons will attract a minimum sentence of either
two and a half years 421 or three years 422 where at least one of the weapons is a short firearm and the
person does not have a reasonable excuse for unlawfully supplying the firearm. 423 Third, the offence of
unlawfully trafficking in weapons will attract a minimum sentence of either three and a half years 424 or five
years 425 where at least one of the weapons is a firearm and the offender does not have a reasonable
excuse for unlawfully carrying on the business. 426
4.175 Section 185B of the Corrective Services Act 2006 427 stipulates that an offender who receives a
minimum sentence under the Weapons Act 1990 will not be eligible for parole until the prescribed
minimum term has been served.
4.176 The introduction of this minimum sentencing regime was proposed in the aftermath of a series of
shootings in South East Queensland. 428 It would appear that most of these high-profile incidents were
related to ongoing feuding between rival motorcycle gangs. 429
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Section 50(1) of the Weapon Act 1990, as amended by section 15 of the Weapons and Other Legislation
Amendment Act 2012.
A minimum sentence of six months will apply where the offender unlawfully possesses a category A, B or M
weapon for the purpose of committing or facilitating an indictable offence.
A minimum sentence of one year will apply where the offender (i) unlawfully possesses 10 or more weapons
at least five of which are category D, E, H or R; (ii) unlawfully possesses 10 or more weapons; or (iii)
unlawfully possesses a category C or E weapon, for the purpose of committing or facilitating an indictable
offence. Weapons are categorised under the Weapons Categories Regulation 1997.
Section 50(1) of the Weapon Act 1990, as amended by section 15 of the Weapons and Other Legislation
Amendment Act 2012.
Ibid.
A minimum sentence of two and a half years will apply if the offender: (i) unlawfully supplies a category D, H
or R weapon; (ii) the weapon is a short firearm; and (iii) the person does not have a reasonable excuse for
unlawfully supplying the weapons. Weapons are categorised under the Weapons Categories Regulation
1997.
A minimum sentence of three years will apply if the offender: (i) unlawfully supplies five or more weapons at
least one of which is a category D, E, H or R weapon; (ii) at least one of the weapons is a short firearm; and
(iii) the person does not have a reasonable excuse for unlawfully supplying the weapons. Weapons are
categorised under the Weapons Categories Regulation 1997.
Section 50B(1) of the Weapons Act 1990, as amended by section 16 of the Weapons and Other Legislation
Amendment Act 2012.
A minimum sentence of three and a half years will apply if the offender: (i) unlawfully trafficks a category A, B,
C, D or E weapon, a category M crossbow or explosives; (ii) at least one of the weapons is a firearm; and (iii)
the offender does not have a reasonable excuse for carrying on the business. Weapons are categorised
under the Weapons Categories Regulation 1997.
A minimum sentence of five years will apply if the offender: (i) unlawfully trafficks a category H or R weapon;
(ii) at least one of the weapons is a firearm; and (iii) the offender does not have a reasonable excuse for
carrying on the business. Weapons are categorised under the Weapons Categories Regulation 1997.
Section 65(1) of the Weapons Act 1990, as amended by section 17 of the Weapons and Other Legislation
Amendment Act 2012.
Inserted by Part 2 of the Weapons and Other Legislation Amendment Act 2012.
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