Peebles v Queensland Police Service

[2010] QCAT 221

CITATION: Peebles v Queensland Police Service
Weapons Licensing Branch [2010] QCAT 221

PARTIES:	John Charles Peebles
v
Queensland Police Service Weapons Licensing Branch

APPLICATION NUMBER:   GAR008-10  

MATTER TYPE: General administrative review matters

HEARING DATE:     1 March 2010

HEARD AT:  BRISBANE 

DECISION OF: R Oliver

DELIVERED ON: 1 March 2010

DELIVERED AT:      BRISBANE

ORDERS MADE: The application be dismissed

CATCHWORDS :  Weapons Act; conviction for misuse of drugs resulting in the application not being a fit and proper person under section 10B(2) of the Weapons Act.

APPEARANCES and REPRESENTATION (if any):

APPLICANT:	John Charles Peebles - self represented
RESPONDENT:	Queensland Police Service Weapons Licensing Branch represented by Sergeant Luppi

REASONS FOR DECISION

1. The applicant was the holder of firearms license number 1290820 for category A and B weapons.

1. On 4 December 2009 the respondent by its authorised Officer Sergeant K A Luppi issued to the applicant a Revocation Notice requiring the applicant to surrender his license to the Officer in Charge at the Ingham Police Station.

1. The reason for the issuing of the Revocation Notice is set out in the information notice which accompanied the Revocation Notice which provided:

“I noted that section 10B(2)(a) deems certain persons to be not fit and proper to be issued a license if during the relevant period they had been convicted of, or discharged from custody on sentence after the person has been convicted of, any of the following offences –

(i)An offence relating to the misuse of drugs

(ii)An offence involving the use or threatened use violence

(iii)An offence involving the use, carriage, discharge or possession of a weapon

I noted on 15 October 2009 you were convicted within the relevant period of producing and possessing a dangerous drug namely cannabis sativa as provided by sections 8 and 9 of the Drugs Misuse Act. I note that a conviction was recorded against you for these offences whereby you were sentenced to 18 months imprisonment wholly suspended for a two (2) year period.

I determined that you would disqualified from holding a weapons license as the result of this conviction as you were no longer considered to be a fit and proper person as provided by section 10B (2)(a)(i)”

1. To be able to hold a weapons license, an applicant must satisfy section 10 of the Weapons Act (“the Act”) and in particular, section 10(2)(e) that is, the applicant, or holder of the license “is a fit and proper person to hold the license”.

1. Pursuant to section 10B(1) of the Act the respondent must consider, when determining whether a person’s license should be revoked, whether or not the person is a “fit and proper person to hold a license”. That section, sets out certain criteria which must be taken into account in making this determination.

1. Section 10B(2) goes further in that it identifies those persons who are “not a fit and proper person to hold the license” in certain circumstances. One of those circumstances is whether or not the person has been convicted of an offence relating to the misuse of drugs. Once a person falls within that particular category, they are effectively deemed not to be a fit and proper person and therefore, fail to meet the criteria set out in section 10(2) and therefore should not be issued with a license.

1. Mr Peebles, in his application for review has provided the Tribunal with character evidence, evidence as to his need for a weapons license, and his knowledge of the safe  use and handling of weapons. 

1. Unfortunately, this information does not advance his case because of his conviction and the deemed consequences that flow from this.

1. It is therefore clear that Mr Peebles cannot succeed on his application and in accordance with the application filed by the respondent, his application must be struck out.  Therefore, the order of the Tribunal will be that the application be dismissed.