Palmans v R [2021] NSWDC 467

District Court New South Wales

Medium Neutral Citation: Palmans v R [2021] NSWDC 467 Hearing dates: 07-08 June 2021 Date of orders: 08 June 2021 Decision date: 08 June 2021 Jurisdiction: Criminal Before: Neilson DCJ Decision: Appeal against conviction of offence under Firearms Act 1996 s7(1) dismissed. Appeal against conviction for custody of a knife (a box cutter) contrary to Summary Offences Act 1988 s 11C(1) set aside. Appeal against severity of sentence withdrawn. Catchwords: Crime – Appeal from Local Court – Whether imitation firearm was produced and identified as a children's toy – Produced as a children's toy in Germany but not identified as a children's toy – Whether appellant had a reasonable excuse for possession of a box cutter in the early hours of a Tuesday morning in Glebe. Evidence – Admissibility of statements of 2 witnesses in a criminal proceeding – Whether witnesses (mother and grandmother of appellant) unavailable to give evidence. Legislation Cited: Evidence Act 1995 Firearms Act 1996 Summary Offences Act 1988 Cases Cited: Commissioner of Police (NSW Police Force) v Howard Silvers & Sons Pty Ltd [2017] NSWSC 981 Darestani v The Queen [2019] NSWCCA 248 Category: Principal judgment Parties: Appellant – George Palmans Crown – Regina Representation: Appellant – T. Kent of Counsel instructed by F. Mersal (Mersal & Associates) Crown – J. Menzies, sol. (DPP) File Number(s): 2018/00315181 Publication restriction: Nil. Decision under appeal Court or tribunal: Local Court of NSW Jurisdiction: Criminal Date of Decision: 09 December 2020 Before: Stewart LCM File Number(s): 2018/00315181