R v Kabbout [2020] NSWDC 707

R v Kabbout [2020] NSWDC 707

The Crown failed to prove beyond reasonable doubt that the accused had sole possession of the pistol or cocaine. Firearms Act 1996 (NSW), s 4A did not apply because the Prado was owned by Brighton Petrol Pty Limited, not the accused personally, and the Crown did not prove that the accused occupied or had the care, control or management of the vehicle on 23 August 2017. Under s 4 and common law possession principles, the evidence did not exclude reasonable inferences consistent with innocence: the accused was not in the vehicle, did not have its key, the key was with Ali Sweed, Ahmed Kabbout and Ali Sweed were in the vehicle, Sweed's fingerprint was on an ammunition bottle, another male's...

Jurisdiction
Australia
Judgment Date
24 August 2020
Procedural Posture
Criminal Prosecution on Indictment / Judge Alone Trial; Verdict
Outcome
Accused found not guilty on all counts on the indictment.
Legal Topics
['supply Prohibited Drug' 'possession of Prohibited Pistol' 'firearms Prohibition Order' 'circumstantial Evidence' 'statutory Construction of Firearms Act 1996 (nsw), S 4 A' 'dna and Fingerprint Evidence']
['criminal Law'] ['supply Prohibited Drug' 'possession of Prohibited Pistol' 'firearms Prohibition Order' 'circumstantial Evidence' 'statutory Construction of Firearms Act 1996 (nsw), S 4 A' 'dna and Fingerprint Evidence']

Case Brief

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Procedural Posture

Criminal Prosecution on Indictment / Judge Alone Trial; Verdict

Legal Issues

  1. 1 ['Whether the accused supplied cocaine by having 27.71 grams of cocaine in his possession for supply.' 'Whether the accused possessed a prohibited pistol without being authorised by licence or permit.' 'Whether the accused possessed a pistol in contravention of a Firearms Prohibition Order.' 'Whether the extended definition of possession in Firearms Act 1996 (NSW), s 4A applied to a firearm found in a motor vehicle owned by a company of which the accused was sole shareholder, director and secretary.' 'Whether the Crown proved beyond reasonable doubt that the accused had sole or exclusive possession of the cocaine and pistol found in the hidden dashboard compartment of the Toyota Prado.']

Ratio Decidendi

The Crown failed to prove beyond reasonable doubt that the accused had sole possession of the pistol or cocaine. Firearms Act 1996 (NSW), s 4A did not apply because the Prado was owned by Brighton Petrol Pty Limited, not the accused personally, and the Crown did not prove that the accused occupied or had the care, control or management of the vehicle on 23 August 2017. Under s 4 and common law possession principles, the evidence did not exclude reasonable inferences consistent with innocence: the accused was not in the vehicle, did not have its key, the key was with Ali Sweed, Ahmed Kabbout and Ali Sweed were in the vehicle, Sweed's fingerprint was on an ammunition bottle, another male's...

Court Disposition

Accused found not guilty on all counts on the indictment.

Orders

  • ['Accused found not guilty in relation to count 1, count 2 and count 3 on the indictment.']