The Director Of Public Prosecutions [DPP] v Pain, Maxwell John [2018] VSC 108

Judgment type: 
Supreme Court of Victoria
Croucher J

The Director Of Public Prosecutions [DPP] v Pain, Maxwell John

Judgment Date: 
13 March 2018

CRIMINAL LAW - Application for forfeiture of shotgun and rifle following respondent's conviction for murder - Respondent, from driver's window of utility, used shotgun to shoot and kill deceased - At same time, loaded rifle in respondent's vehicle, but not used in shooting - Respondent consents to forfeiture of shotgun but not rifle - Whether respondent "has - become a prohibited person" since sentence - Whether rifle "in the possession of or used or carried by the [respondent]" - Whether rifle “was used, or was intended to be used, in, or in connection with, the commission of the offence" - Sentimental value of rifle - Forfeiture of both shotgun and rifle ordered - Application for disposal of other items (such as gunshot reside samples) unopposed - Disposal order made accordingly - Firearms Act 1996 (Vic), s3(1) & s151(1); Confiscation Act 1997 (Vic), s77(1) & s78(1) & (1A).

[2018] VSC 108