Commissioner of Police (NSW Police Force) v Howard Silvers & Sons Pty Ltd [2017] NSWSC 981

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of Police (NSW Police Force) v Howard Silvers & Sons Pty Ltd [2017] NSWSC 981 Hearing dates: 19 July 2017 Date of orders: 27 July 2017 Decision date: 27 July 2017 Jurisdiction: Common Law Before: Wilson J Decision: (1) Appeal allowed. (2) Pursuant to s 59(2)(a) of the Crimes (Appeal and Review) Act 2001 the order of Magistrate Day sitting in the Local Court on 3 March 2017 directing the return of 125 specified items to the defendant is set aside. (3) Pursuant to s 59(2)(a) of the Crimes (Appeal and Review) Act 2001 the matter is remitted to the Local Court to be heard in accordance with law by a magistrate other than Magistrate Day. (4) Subject to any application made in writing by the plaintiff each party is to bear its own costs. Any application by the plaintiff is to be filed with my Associate and served upon the defendant within 14 days from today. Any submissions in reply are to be filed in the same way and served within 14 days thereafter. Any decision on such an application will be made on the papers. Catchwords: COMMON LAW – Local Court Appeal – Firearms Act – whether magistrate erred in construction of s 4D – whether object claimed to be a children's toy falls within s 4D(4) – determination of imitation firearm – necessity to have regard to production and identification of object - appeal allowed – decision set aside – remitted back to the Local Court for decision to be made according to law Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW) Criminal Procedure Act 1986 (NSW) Firearms Act 1996 (NSW) Law Enforcement (Powers and Responsibilities) Act 2007 (NSW) Local Court Act 2007 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Commissioner of Police v Pecover [2014] NSWSC 1427 Category: Principal judgment Parties: Commissioner of Police (NSW Police Force) (Plaintiff)