Houlakis v R [2015] NSWDC 127

District Court New South Wales

Medium Neutral Citation: Houlakis v R [2015] NSWDC 127 Hearing dates: 10 March 2015 Date of orders: 10 March 2015 Decision date: 10 March 2015 Jurisdiction: Criminal Before: Neilson DCJ Decision: Convictions recorded in respect of sequences 5 to 13 set aside

Convictions recorded in respect of sequences 14 and 15 confirmed Catchwords: APPEAL – Conviction appeal – Whether appellant took all reasonable precautions to ensure safekeeping of firearms – Firearms stored in safe at residence of appellant's estranged wife – Wife had access to safe key – Appellant not living at premises – Section 4A Firearms Act 1996 not applicable – No evidence wife not responsible person with whom key may be left

APPEAL – Conviction appeal – Whether appellant took all reasonable to ensure safekeeping of firearms – Firearms stored at residence of appellant's estranged wife – Appellant uncertain at time of offence where firearms were stored – Lack of knowledge of location of firearms establishes a failure to take all reasonable precautions for safekeeping Legislation Cited: Firearms Act 1996 Cases Cited: Director of Public Prosecutions v Wilson [2004] NSWSC 911 May v R [2012] NSWCCA 250 Category: Principal judgment Parties: James Houlakis (Appellant) Director of Public Prosecutions (NSW) (Respondent) Representation: Mr J Klarica (Appellant) Solicitor for Director of Public Prosecutions (NSW) (Respondent) File Number(s): 2014/00169277 Publication restriction: No Decision under appeal Court or tribunal: Burwood Local Court Jurisdiction: Criminal Date of Decision: 09 September 2015 Before: George LCM File Number(s): 2014/00169277