May v R [2012] NSWCCA 250

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: May v R [2012] NSWCCA 250 Hearing dates: 16 October 2012 Decision date: 30 November 2012 Before: McClellan CJ at CL at [1] Johnson J at [35] Bellew J at [36] Decision: Appeal dismissed Catchwords: CRIMINAL LAW - appeal - conviction - conviction for possession of firearm contrary to Firearms Act 1996 - where firearm found in bedroom of appellant - where appellant denied knowledge of firearm - whether trial judge failed to give reasons that complied with s 133 of the Criminal Procedure Act - reasons of trial judge sufficient - whether verdict was unreasonable and cannot be supported by the evidence - where burden on appellant to prove that she did not know, or could not reasonably be expected to know, about firearm - verdict not unreasonable - appeal dismissed. Legislation Cited: Firearms Act 1996 Criminal Procedure Act 1986 Evidence Act 1995 Cases Cited: AK v Western Australia [2008] HCA 8; 232 CLR 438 Housing Commission of New South Wales v Tatmar Pastoral Co Pty Ltd [1983] 3 R v Gardiner [2006] NSWCCA 190; (2006) 162 A Crim R 233 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Category: Principal judgment Parties: Michelle May (Appellant) Crown Representation: Counsel: K Averre (Appellant) S Dowling (Crown) Solicitors: Purcell Felton Lawyers (Appellant) Solicitor for Public Prosecutions (Crown) File Number(s): 2009/322559 Decision under appeal Date of Decision: 2011-07-28 00:00:00 Before: Finnane DCJ File Number(s): 2009/322559