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FIREARMS ACT 1996 - SECT 51B
Supplying firearms on an ongoing basis
(1) Offence A person must not contravene section 51 on 3 or more separate
occasions over any consecutive period of 12 months. : Maximum
penalty--imprisonment for 20 years.
(2) Jury must be satisfied as to same 3
occasions of supply If, on the trial of a person for an offence under this
section, more than 3 occasions of supplying a firearm are relied on as
evidence of commission of the offence, all the members of the jury must be
satisfied as to the same 3 occasions in order to find the person guilty of the
offence.
(3) Alternative verdict--relevant supply offence If, on the trial of
a person for an offence under this section, the jury is not satisfied that the
offence is proven but is satisfied that the person has, in respect of any of
the occasions relied on as evidence of commission of the offence under this
section, committed a relevant supply offence, the jury may acquit the person
of the offence charged and find the person guilty of the
relevant supply offence, and the person is liable to punishment accordingly.
(4) Double jeopardy provisions A person who has been convicted of an offence
under this section is not liable to be convicted-- (a) of a
relevant supply offence, or
(b) of a separate offence under this section,
on
the same, or substantially the same, facts as those relied on as evidence of
commission of the offence in respect of which the person has been convicted.
(5) A person who has been acquitted of an offence under this section is not
liable to be convicted-- (a) except as provided by subsection (3)--of a
relevant supply offence, or
(b) of a separate offence under this section,
on
the same, or substantially the same, facts as those relied on as evidence of
commission of the offence in respect of which the person has been acquitted.
(6) A person who has been-- (a) convicted of a relevant supply offence, or
(b) acquitted of a relevant supply offence,
is not liable to be convicted of
an offence under this section on the same, or substantially the same, facts as
those relied on as evidence of commission of the relevant supply offence.
(7)
Liability for relevant supply offences not affected by offence under this
section Subject to subsections (4) and (5), this section does not-- (a) remove
the liability of any person to be convicted of a relevant supply offence, or
(b) affect the punishment that may be imposed for any such offence.
(8)
Definition In this section,
"relevant supply offence" means any offence under this Act (other than under
this section) relating to the supply of a firearm.
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