Director of Public Prosecutions v Zheng [2021] NSWSC 131

Supreme Court New South Wales

Medium Neutral Citation: Director of Public Prosecutions v Zheng [2021] NSWSC 131 Hearing dates: 12 June 2020 Date of orders: 23 February 2021 Decision date: 23 February 2021 Jurisdiction: Common Law - Criminal Before: Walton J Decision: The Court makes the following orders: (1) The appeal against the decision and order of Stapleton LCM of 17 December 2019 at Burwood Local Court is allowed. (2) Pursuant to s 59(2) of the Crimes (Appeal and Review) Act 2001 (NSW), the order made by Stapleton LCM of 17 December 2019 dismissing the charge of "possess or use a prohibited weapon without permit", contrary to s 7(1) of the Weapons Prohibition Act 1998 (NSW), is set aside. (3) The matter is remitted to the Local Court to be dealt with according to law. (4) The defendant shall pay the plaintiff's costs of the appeal. (5) The defendant shall be granted an indemnity certificate under the Suitors' Fund Act 1951 (NSW). Catchwords: APPEAL – appeal from Local Court – question of law – principles of statutory construction – whether the magistrate erred in law by finding the definition of "butterfly knife" in Sch 1, cl 1(6) of the Weapons Prohibition Act 1998 necessarily requires the item to have a sharpened edge capable of cutting – whether the magistrate erred in law by dismissing the charge – remittal – costs – orders Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW) Interpretation Act 1987 (NSW) Suitors' Fund Act 1951 (NSW) Summary Offences Act 1988 (NSW) Supreme Court Rules 1970 (NSW) Weapons Prohibition Act 1998 (NSW) Cases Cited: Acuthan v Coates (1986) 6 NSWLR 472 Cole v Minister for Immigration (2017) 324 FLR 431; [2017] FCCA 2234; Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280; [1993] FCA 322 Darestani v R [2019] NSWCCA 248 Di Paolo v Salta Constructions Pty Ltd [2015] VSCA 230 Director of Public Prosecutions v Gramelis [2010] NSWSC 787 Director of Public Prosecutions v Starr (2012) 221 A Crim R 525; [2012] NSWSC 315 El Ali v R [2019] NSWCCA 207 Hope v Bathurst City Council (1980) 144 CLR 1 Jacob v R (2014) 240 A Crim R 239; [2014] NSWCCA 6 Police v O'Brien [2012] NSWLC 7 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 The Commissioner of the Australian Federal Police v Pharmacy Depot Hurstville Pty Ltd (in liq) (No 2) [2020] NSWSC 1571 Vetter v Lake Macquarie City Council (2001) 202 CLR 439; [2001] HCA 12 Victims Compensation Fund Corporation v Brown (2003) 201 ALR 260; [2003] HCA 54 Texts Cited: Macquarie Dictionary Category: Principal judgment Parties: Director of Public Prosecutions (Plaintiff) Jaincong Zheng (Defendant) Representation: Counsel: M England, with M Cobb-Clark (Plaintiff) B Vasic (Defendant)