Published 21 May 2019
Appeal against revocation of firearms licence — previous charges — police safety order — assault — violent behaviour — O'Loughin v Police [2001] DCR 488. The court was asked to set aside a decision to revoke the applicant's firearms licence. The licence had been revoked with reference to previous convictions for violence against a relative and driving whilst intoxicated and causing damage to another vehicle. The police position was that the appellant had not taken the necessary steps to address an underlying issue of alcohol consumption, which they saw as the root cause of his offending. The assault against the victim was described as a "spur of the moment" incident, and both examples of offending had taken place after the appellant had consumed excessive alcohol. It was argued that the appellant exhibited unpredictable behaviour when intoxicated which was a major consideration for the Court. The court agreed that the caution expressed by the police was well founded and, while there was no suggestion that the appellant was irresponsible with firearms whilst sober, there was concern around his actions whilst intoxicated. The court found that the concerns expressed by the police at the time that the appellant's firearms licence was revoked were valid and the decision to revoke was confirmed. The appeal was accordingly dismissed. Judgment Date: 14 March 2017.
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