R v Jarrod Craig Hussey [2018] NSWDC 266

R v Jarrod Craig Hussey [2018] NSWDC 266

The accused, Jarrod Craig Hussey, was found beyond reasonable doubt to have been in occupation and care of the premises where a prohibited pistol was found on 19 November 2015. The combination of circumstantial evidence, including presence, property linking, and DNA evidence, established his occupation at the relevant time. The statutory presumption of possession under s 4A of the Firearms Act 1996 was not displaced, as the accused did not give evidence to satisfy the court he did not know of the firearm. The Crown thus proved all elements of the offence beyond reasonable doubt.

Parties
Prosecution: Director of Public Prosecutions (Crown); Accused: Jarrod Craig Hussey
Jurisdiction
Australia
Judgment Date
21 September 2018
Procedural Posture
Criminal / Verdict and Reasons by Judge Alone
Outcome
Guilty
Legal Topics
Possession of Firearms, Prohibited Weapons, Circumstantial Evidence, Onus of Proof
Criminal Law Possession of Firearms Prohibited Weapons Circumstantial Evidence Onus of Proof

Case Brief

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Parties

Director of Public Prosecutions (Crown)

Prosecution

Jarrod Craig Hussey

Accused

Procedural Posture

Criminal / Verdict and Reasons by Judge Alone

Legal Issues

  1. 1 Whether the accused possessed a prohibited pistol contrary to s 7(1) of the Firearms Act 1996
  2. 2 Whether the accused was an occupier of the premises within s 4A of the Firearms Act 1996
  3. 3 Onus of proof under s 4A of the Firearms Act 1996

Ratio Decidendi

The accused, Jarrod Craig Hussey, was found beyond reasonable doubt to have been in occupation and care of the premises where a prohibited pistol was found on 19 November 2015. The combination of circumstantial evidence, including presence, property linking, and DNA evidence, established his occupation at the relevant time. The statutory presumption of possession under s 4A of the Firearms Act 1996 was not displaced, as the accused did not give evidence to satisfy the court he did not know of the firearm. The Crown thus proved all elements of the offence beyond reasonable doubt.

Court Disposition

Guilty

Orders

  • Jarrod Craig Hussey is convicted of possession of a prohibited pistol contrary to s 7(1) of the Firearms Act 1996.