NSW Caselaw
District Court New South Wales
Medium Neutral Citation: R v Bartuccio [2017] NSWDC 286 Hearing dates: 17 – 18 October 2017 Date of orders: 20 October 2017 Decision date: 20 October 2017 Jurisdiction: Criminal Before: Hatzistergos DCJ Decision: I find the offence not proved and the accused not guilty Catchwords: CRIMINAL LAW – TRIAL BY JUDGE ALONE – directions
POSSESS FIREARM WITHOUT PERMIT – whether accused in possession of firearm – where Crown relies on extended definition of possession – whether accused "occupied" premises – whether statutory defence made out on facts Legislation Cited: Evidence Act 1995 (NSW) s 191 Firearms Act 1996 (NSW) ss 4, 4A(1), 7A(1) and 87 Criminal Procedure Act 1986 (NSW) s 133 Cases Cited: Filippou v The Queen (2015) 256 CLR 47; [2015] HCA 29 Fleming v R (1998) 197 CLR 250 Gardiner v R (2006) 162 A Crim R 233; [2006] NSWCCA 190 May v R [2012] NSWCCA 250 Monis v the Queen (2013) 249 CLR 92; [2013] HCA 4 Moufid Saad v Ryan Jeffcoat [2013] NSWSC 1585 R v IL (No 4) [2014] NSWSC 1801 Shepherd v The Queen (1990) 170 CLR 573 Category: Principal judgment Parties: Regina (Crown) Mr Vincenzo Bartuccio (Accused) Representation: Counsel: Mr C Allison (Trial Advocate for the Crown) Mr D Randle (Accused)
Solicitors: Solicitor for the Director of Public Prosecutions (Crown) Anderson Boemi Lawyers (Accused) File Number(s): 2016/370998 Publication restriction: Nil
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