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Police would never exagerate ? Guess what...


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>Date: Mon, 28 Sep 1998 09:57:46 +0930
>From: SSAA <[email protected]>
>Subject: NEWS - Toy Pistol case dismissed
>Reply-to: [email protected]

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.


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