DPP v Starr [2012] NSWSC 315

Supreme Court New South Wales

Medium Neutral Citation: DPP v Starr [2012] NSWSC 315 Hearing dates: 4 April 2012 Decision date: 05 April 2012 Jurisdiction: Common Law Before: Adamson J Decision: (1) Appeal allowed. (2) Set aside the order of Atkinson LCM made on 5 July 2011 dismissing the proceedings against the Defendant for the offence of "possess prohibited weapon" in breach of s 7 of the Weapons Prohibition Act 1998. (3) An order that the matter be remitted to the Downing Centre Local Court to be determined according to law. (4) Make no order as to costs. Catchwords: CRIMINAL LAW - appeal from decision of the Local Court - weapons prohibition offence - mens rea for possession - meaning of "the user" of knuckle-dusters Legislation Cited: - Crimes (Appeal and Review) Act 2001 - Weapons Prohibition Act 1998 - Weapons and Firearms Legislation Amendment Act 2010 Cases Cited: - Commissioner of Police v Kennedy [2007] NSWCA 328 - Federal Firefighters' Union v Minister of State for the Capital Territory (1982) 62 FLR 341; 44 ALR 311 - Kelly v The Queen [2004] HCA 12; 218 CLR 216 - Mullaney v Taylor [2006] WASC 149 - Pascoe v Nicholson [1981] 1 WLR 1061 - Timbar Pty Ltd v ME Petrie Pty Ltd (in liq) (1982) 7 ACLR 111 - Waugh v Kippen [1986] HCA 12; 160 CLR 156 Texts Cited: - Pearce and Geddes, Statutory Interpretation in Australia (7th ed., 2011) Category: Principal judgment Parties: Director of Public Prosecutions (Plaintiff) Dylan Starr (Defendant) Representation: Counsel: N Adams/J Davidson (Plaintiff) Submitting appearance for Defendant Solicitors: Solicitor for Public Prosecutions (Plaintiff) Watsons (Defendant) File Number(s): 2011/00334695