Director of Public Prosecutions (NSW) v Morgan [2013] NSWSC 1474

Supreme Court New South Wales

Medium Neutral Citation: Director of Public Prosecutions (NSW) v Morgan [2013] NSWSC 1474 Hearing dates: 10 September 2013 Decision date: 11 October 2013 Before: Barr AJ Decision: 1.Appeal allowed; 2.Set aside the orders made by the Magistrate on 5 February 2013 at the Local Court Toronto dismissing the charges; 3.Remit the matter to the Local Court to be dealt with according to law; 4.Order the defendant to pay the plaintiff's costs of the Summons. The defendant is to have a certificate under the Suitors' Fund Act 1951. Catchwords: APPEAL- appeal from Local Court- definition of firearm - whether things possessed constituted firearm; CRIMINAL LAW- Definition of firearm- "anything that would be a firearm if it did not have something missing from it"- whether "something missing" means only a non-essential part; PROHIBITED WEAPONS- whether Collector licence issued under Firearms Act authorised possession of magazines. Legislation Cited: Crimes (Appeal and Review) Act 2001 Firearms Act 1996 Interpretation Act 1987 Weapons Prohibition Act 1998 Weapons Prohibition Regulation 1999 Cases Cited: Collector of Customs v Pozzolanic Enterprises Pty Ltd [1993] FCA 322; (1993) 43 FCR 280 Hastings Co-operative Ltd v Port Macquarie Hastings Council [2009] NSWCA 400; (2009) 171 LGERA 152 Hayes v Commissioner of Taxation (Cth) (1956) 96 CLR 47 Kelly v The Queen [2004] HCA 12; (2004) 218 CLR 216 No 20 Cannon Street Ltd v Singer & Friedlander Ltd [1974] 1 CH 229 R v Mezzadri [2011] NSWCCA 125; (2011) 210 A Crim R 442 Thalari v Regina [2009] NSWCCA 170; (2009) 75 NSWLR 307 Texts Cited: Oxford English Dictionary, 2nd Ed, Vol IX D.C. Pearce and R.S. Geddes, Statutory Interpretation in Australia, 7th Ed (1996) Lexis Nexis Butterworths Category: Principal judgment Parties: Director of Public Prosecutions (NSW) (Applicant) Bryce James Morgan (Respondent) Representation: Counsel: J Pickering SC (Applicant) L King SC; G J Sundstrom (Respondent) Solicitors: Solicitor for Public Prosecutions (Applicant) Woodgate Morgan (Respondent) File Number(s): 2013/161129 Publication restriction: None Decision under appeal Jurisdiction: 9109 Date of Decision: 2013-02-05 00:00:00 Before: Atkinson LCM