Director of Public Prosecutions (NSW) v Simon James Fairbanks [2012] NSWSC 150

Supreme Court New South Wales

Medium Neutral Citation: Director of Public Prosecutions (NSW) v Simon James Fairbanks [2012] NSWSC 150 Hearing dates: 28 October 2011 Decision date: 01 March 2012 Before: Rothman J. Decision: The Court issues the following declaration and order: (i) An offence of possessing a prohibited weapon under s 7(1) of the Weapons Prohibition Act 1998 requires proof by the prosecutor that the accused knows that he/she possesses the item that is prohibited, but does not require proof that the accused knows the location of the item possessed, nor proof that the item is physically on or about the accused at the time of the commission of the offence; (ii) Leave granted to the parties for further submissions on the form of the declaration in Order 1 above and on the necessity or desirability of any further orders. Catchwords: APPEAL - civil - pursuant to of s 56(1)(c) of the Crimes (Appeal and Review) Act 2001 - error of law Legislation Cited: Crimes (Appeal and Review) Act 2001 Crimes (Sentencing Procedure) Act 1999 Supreme Court Act 1970 Weapons Prohibition Act 1998 Cases Cited: Alramadan v DPP [2007] NSWCCA 322; Krishna v DPP [2007] NSWCCA 318 He Kaw Teh v The Queen (1985) 157 CLR 523 Kirk v Industrial Relations Commission of New South Wales [2010] HCA 1; (2010) 239 CLR 531 Police v Kennedy (1998) SASR 175; (1998) 100 A Crim Rep 377 R v Buswell [1972] 1 All ER 75 R v Martindale [1986] 3 All ER 25 Russell v R (1984) 81 Crim App Rep 315 Category: Principal judgment Parties: Director of Public Prosecutions (NSW) (plaintiff/appellant) Simon James Fairbanks (defendant/respondent) Representation: Ms A. Mitchelmore (for the plaintiff/appellant) Mr R. McIlwaine SC with Mr J. Davidson (for the defendant/respondent) Solicitor for Public Prosecutions (NSW) (for the plaintiff/appellant) Andrews Combined (for the defendant/respondent) File Number(s): 2011/239627