Jacob v R [2014] NSWCCA 65

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Jacob v R [2014] NSWCCA 65 Hearing dates: 14 February 2014 Decision date: 23 April 2014 Before: Ward JA at [1]; Johnson J at [21] RS Hulme AJ at [117] Decision: (a) Grant leave to the Appellant to amend his Notice of Appeal by adding the further grounds. (b) Allow the appeal against conviction. (c) Quash the convictions and sentences imposed for Counts 1 to 4 on the indictment dated 17 September 2012. (d) Convict the Appellant of a charge that on 22 December 2010 he did sell a prohibited weapon, viz. a slingshot. (e) Convict the Appellant of a charge that on 31 January 2011 he did sell a prohibited weapon, viz. a "Jaguar" brand crossbow. (f) Grant leave to appeal against sentence. (g) Allow the appeal against sentence. (h) Quash the sentence for possessing a slingshot, the subject of CAN H4399256/002. (i) In respect of the offence of possessing a slingshot, the subject of CAN H4399256/002, sentence the Appellant to imprisonment for a fixed term of nine months commencing on 29 April 2013. (j) In respect of the offence of, on 22 December 2010 selling a prohibited weapon, viz. a slingshot, sentence the Appellant to imprisonment for a fixed term of 14 months commencing on 29 July 2013. (k) In respect of the offence of, on 31 January 2011, selling a prohibited weapon, viz. a crossbow, sentence the Appellant to imprisonment for a non-parole period of 12 months commencing on 29 January 2014, together with a further term of 18 months commencing on 29 January 2015. (l) Record as the date upon which it appears to the Court that the Appellant shall become eligible for parole, 29 January 2015. Catchwords: CRIMINAL LAW - conviction appeal - appellant operated business selling prohibited weapons and firearms which became subject of controlled operation by police - appellant convicted of a number of possession and sale offences including selling prohibited weapons on three separate occasions during 12-month period contrary to Weapons Prohibition Act 1998, s.23B - appellant alleged to have sold two crossbows and one slingshot to undercover police officer - one crossbow unassembled at time of sale - whether unassembled parts capable of constituting crossbow for purposes of definition of crossbow in Weapons Prohibition Act 1998, Schedule 1 - appeal against conviction allowed - in its place appellant convicted of two offences of selling prohibited weapon contrary to Weapons Prohibition Act 1998, s.23A CRIMINAL LAW - conviction appeal - appellant also convicted of three counts of possessing prohibited weapons (three crossbows) - whether metallic items in question consisted of a "bow fitted transversely on a stock" so as to fall within definition of crossbow in Weapons Prohibition Act 1998, Schedule 1 - appeal allowed and convictions quashed