R v Jarrod Craig Hussey [2018] NSWDC 266

District Court New South Wales

Medium Neutral Citation: R v Jarrod Craig Hussey [2018] NSWDC 266 Hearing dates: 18-19 September 2018 Decision date: 21 September 2018 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Verdict of guilty Catchwords: Possession of prohibited pistol not authorised by licence or permit Legislation Cited: Criminal Procedure Act 1986 Evidence Act 1995 Firearms Act 1996 Cases Cited: Fitzgerald v R [2014] HCA 28 May v R [2012] NSWCCA 250 Strachan v R [2017] NSWCCA 322 Category: Principal judgment Parties: Director of Public Prosecutions (Crown) Jarrod Craig Hussey (Offender) Representation: Counsel: E James (Offender)

Solicitors: S Fliegner (Crown Solicitor) File Number(s): 16/376026 Publication restriction: Nil

Judgment on verdict 1. Jarrod Craig Hussey is charged that on 19 November 2015 at Homebush West in the State of New South Wales, he did possess a prohibited pistol, namely, 9mm IMI Baby Eagle pistol, not being authorised to do so by a licence or permit. The charge is brought pursuant to s 7(1) of the Firearms Act 1996. By consent, the trial proceeded to be heard by Judge alone on 18 and 19 September 2018. This judgment records my verdict and my reasons for reaching that verdict. 2. The elements of the offence are as follows: 1. On 19 November 2015 at Homebush West, 2. The accused did possess a prohibited pistol, namely, 9mm IMI Baby Eagle pistol, 3. Not being authorised to do so by a licence or permit. 1. The Crown bears the onus of proving the charge beyond reasonable doubt. That involves proving each of the elements listed above beyond reasonable doubt. 2. The accused is entitled to the presumption of innocence. I am mindful that the onus of proof remains at all times on the Crown to prove the elements of the charge beyond reasonable doubt. Speculation cannot enter into my considerations and inferences may be drawn from established facts only if such an inference is a rational inference.