R v Smith [2023] NSWDC 254

District Court New South Wales

Medium Neutral Citation: R v Smith [2023] NSWDC 254 Hearing dates: 25 January 2023; 27 January 2023; 30 January 2023; 31 January 2023 Decision date: 07 February 2023 Jurisdiction: Criminal Before: P Conlon SC ADCJ Decision: In respect of Counts 6 & 8, I am satisfied beyond reasonable doubt that the taser with the seven cartridges fell within the definition of a prohibited weapon. I am satisfied beyond reasonable doubt that the accused was in possession of that item without being authorised to do so by permit. In respect of Counts 10, 16, 23 and 29, I am satisfied beyond reasonable doubt that the accused possessed more than three firearms. I am satisfied beyond reasonable doubt that each of the items specific in the charge fell within the definition of a firearm. I am satisfied beyond reasonable doubt that at least one of the items was a pistol and I am satisfied beyond reasonable doubt that the firearms were not registered and the accused was not authorised by licence or permit to possess the firearms. Catchwords: CRIME – Judge alone trial – possess prohibited weapon – possess more than three firearms – interpretation of "firearm" per s 4(1) Firearms Act insofar as it relates to a "gel blaster" Legislation Cited: Weapons Prohibition Act 1998 (NSW) Firearms Act 1996 (NSW) Paintball Act 2018 (NSW) Criminal Procedure Act 1986 (NSW) Interpretation Act 1987 (NSW) Cases Cited: Fleming v R (1998) 197 CLR 250 Commissioner of Police (NSW Police Force) v Howard Silvers & Sons Pty Ltd [2017] NSWSC 981 Darestani v R [2019] NSWCCA 248 Category: Principal judgment Parties: The King Adam James Smith Representation: Counsel: N Marney – The Crown