State of New South Wales v Corbett [2007] HCA 32

HIGH COURT OF AUSTRALIA

GLEESON CJ

GUMMOW, KIRBY, CALLINAN AND CRENNAN JJ

STATE OF NEW SOUTH WALES APPELLANT

AND

JAMES JOHN CORBETT & ANOR RESPONDENTS

State of New South Wales v Corbett

[2007] HCA 32

1 August 2007

S2/2007

ORDER

1. Appeal allowed.

2. Set aside orders 2 to 5 of the Court of Appeal of the Supreme Court of New South Wales made on 13 June 2006 and, in their place, order that the appeal to that Court be dismissed.

3. The appellant to pay the respondents' costs of the appeal to this Court.

On appeal from the Supreme Court of New South Wales

Representation

M G Sexton SC Solicitor-General for the State of New South Wales with M J Neil QC and P R Sternberg for the appellant (instructed by Crown Solicitor for New South Wales)

J M Ireland QC with S G Moffet and J S Cooke for the respondents (instructed by Moloney Lawyers)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

State of New South Wales v Corbett

Police – Search warrants – Police conducted a search under apparent authority of a search warrant – Application for search warrant referred to offence under Firearms Act 1989 (NSW) when that Act had been repealed and replaced by Firearms Act 1996 (NSW) – An offence of unauthorised possession of a firearm existed under both Acts – Definition of "firearms offence" under the Search Warrants Act 1985 (NSW) continued to be identified by reference to the repealed Firearms Act 1989 (NSW) – Whether offence sufficiently stated in application – Whether search warrant valid – Savings and transitional provisions in Sched 3 to the Firearms Act 1996 (NSW).

Police – Search warrants – Object of search and boundaries of search warrant unambiguous – Nature of offence critical – Whether transitional provisions require reference to repealed Act to be read as reference to corresponding provisions in the Firearms Act 1996 (NSW).