Director of Public Prosecutions (NSW) v Weinstein [2010] NSWSC 1123

New South Wales Supreme Court

CITATION : Director of Public Prosecutions (NSW) v Weinstein [2010] NSWSC 1123 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 27 September 2010

JUDGMENT DATE : 1 October 2010

JUDGMENT OF : Schmidt J

1. The appeal is upheld. DECISION : 2. The order made by Favretto LCM on 28 January 2010 dismissing proceedings against the Defendant for the offence of "Not keep firearm safely-not prohibited firearm/pistol" pursuant to Section 39(1)(a) of the Firearms Act 1996 be set aside. 3. The matter be remitted to the Local Court to be dealt with according to law. 4. The respondent is to pay the plaintiff's costs of and incidental to the summons.

CATCHWORDS : APPEAL - appeal from Local Court pursuant to section 59(2) of the Crimes (Appeal and Review) Act 2001 - offence of 'Not keep firearm safely-not prohibited firearm/pistol' - section 39(1)(a) of the Firearms Act 1996 - respondent found not guilty - police firearm left in police vehicle - section 6(2)(a) of Firearms Act 1996 - exemption relating to police officers - whether Magistrate erred in concluding that the application of s 6(2) was a 'preliminary issue' - whether Magistrate erred in construing s 6(2) - whether Magistrate otherwise erred - appeal upheld - order dismissing proceedings set aside - matter to be remitted to the Local Court - costs

Crimes (Appeal and Review) Act 2001 Firearms Act 1996 LEGISLATION CITED : Firearms Regulation 2006 Interpretation Act 1987 Pistol License Act 1927

CATEGORY : Principal judgment