R v Burns [2024] NSWLC 11

Local Court New South Wales

Medium Neutral Citation: R v Burns [2024] NSWLC 11 Hearing dates: 22 April 2024 Date of orders: 14 May 2024 Decision date: 08 May 2024 Jurisdiction: Criminal Before: Brender LCM Decision: Sequence 1 is dismissed; Sequence 2 is proven. Legislation Cited: Crimes Act 1900 (NSW) Summary Offences Act 1988 (NSW) Cases Cited: Kitchen v Cox (1996) 85 A Crim R 328 R v English (1989) 44 A Crim R 273 Ex parte Miller, Re Hamilton (1934) 51 WN NSW 23 R v Abbrederis (1981) 1 NSWLR 530 Cleary v Wilcocks [1946] 63 WN (NSW) 101 Texts Cited: Nil. Category: Principal judgment Parties: Melanie Burns (Defendant)

NSW Police (Prosecutor) Representation: Counsel:

Michael Valentin (Defendant)

NSW Police (Prosecutor) File Number(s): 2023/00278026 Publication restriction: Nil.

JUDGMENT 1. Ms Burns was arrested on a warrant on 31 August 2024. She was in the street. She was known to Police. 2. Her person was searched. Her handbag was not immediately searched. 3. After being arrested, the offender was taken to the local Police station. 4. At some point, while being at the station, Police discovered in the offender's bag goods that they suspected of being stolen. Consequently, Ms Burns was charged under s 527C Crimes Act 1900 (NSW) of having goods in custody reasonably suspected of being stolen or unlawfully obtained. This is sequence one. 5. Police also found a laser pointer in the offender's possessions. The offender was subsequently charged with being in custody of that (laser pointer) in a public place in accordance with s 11FA Summary Offences Act 1988 (NSW). This is sequence two.