Sinclair rejects claims that plea bargaining absent from Firearms Act

Government Senator Charles Sinclair says a narrative created by some individuals in the legal fraternity that no provision exists for plea bargain under the current Firearms Act is inaccurate and misleading. “What I find interesting is that no one appears to have spoken about the possibility of using the Plea Negotiation and Agreements Act in order to achieve for their client reduce sentence below the minimum mandatory," Senator Sinclair, a prominent defence attorney, told journalists on Monday. "The 2022 legislation made a consequential amendment to the Plea Negotiation and Agreements Act and included in particular, I mean section 5, a provision which would be described as section 5.2a, whereby there can be pre negotiations done with the CROW and for persons to receive a sentence below the minimum mandatory of 15 years,” he added. On page 130 of the Act, Section 5(2a) says in the case of an offence under the Act, a plea bargain arrangement may be accessed if there is the provision of information that assists the Crown in the prevention, detection or investigation of, or in proceedings relating to, the offence concerned or any other offence. Senator Sinclair says there is precedent for an accused successfully using that section of the law to obtain a reduced sentence. “I am fully aware that this particular amendment was used successfully in the gun court in relation to a person who was charged with possession simpliciter, and that person received, by virtue of the plea agreement that was done and the agreement of the judge, obviously, at the end of the day, received a sentence significantly below the minimum mandatory sentence of 15 years,” Senator Sinclair said. He made the comments against the background of renewed concerns being expressed by lawyers over the Act following the recommendation by the National Security Council (NSC) that individuals convicted of illegal possession of a firearm should face a new minimum mandatory sentence of 20 years imprisonment. READ: TOUGHER GUN LAWS Senator Sinclair says there may be a lack of awareness in the legal field about provisions of the law which allow for pleas bargain arrangements. “So, whilst the discussion is taking place in relation to the minimum of 15 years, which potentially, having regard to the comments, can be increased to 20 years in the event that there is an amendment to the 2022 legislation, the possibility still exists for a lesser sentence by virtue of plea negotiations, and I would encourage persons to look at it and to seek to use it in moving forward,” Sinclair further commented.