R v Wilson (No. 2) [2020] NSWDC 549

R v Wilson (No. 2) [2020] NSWDC 549

The Court accepted Clayton Futcher's evidence, supported by his contemporaneous 000 call, his report to police, and surrounding circumstances, that the accused had and threatened to use a firearm. The Court rejected the accused as an unsatisfactory witness who admitted telling significant lies to police, found the defence hypothesis that he only had a mobile phone implausible, and was satisfied beyond reasonable doubt that the accused possessed a firearm while not licensed or authorised to do so.

Jurisdiction
Australia
Judgment Date
18 September 2020
Procedural Posture
Criminal Prosecution for Possessing a Firearm Without Authorisation Contrary to S 7 A(1) Firearms Act 1996 (nsw) / Judge Alone Trial; Verdict and Conviction on Count 2
Outcome
The accused was found guilty and convicted on count 2 of possessing a firearm while not authorised by licence or permit.
Legal Topics
['trial by Judge Alone' 'firearm Offences' 'possession of Firearm' 'credibility and Reliability of Witnesses' 'circumstantial Evidence' 'burden and Standard of Proof']
['criminal Law' 'evidence'] ['trial by Judge Alone' 'firearm Offences' 'possession of Firearm' 'credibility and Reliability of Witnesses' 'circumstantial Evidence' 'burden and Standard of Proof']

Case Brief

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Procedural Posture

Criminal Prosecution for Possessing a Firearm Without Authorisation Contrary to S 7 A(1) Firearms Act 1996 (nsw) / Judge Alone Trial; Verdict and Conviction on Count 2

Legal Issues

  1. 1 ['Whether the accused was in possession of a firearm at Thornton on 1 August 2019.' "Whether Clayton Futcher's evidence and contemporaneous reports about the firearm were honest and reliable despite exaggeration or uncertainty about petrol and a lighter." "Whether the accused's evidence denying possession of a firearm could reasonably be true."]

Ratio Decidendi

The Court accepted Clayton Futcher's evidence, supported by his contemporaneous 000 call, his report to police, and surrounding circumstances, that the accused had and threatened to use a firearm. The Court rejected the accused as an unsatisfactory witness who admitted telling significant lies to police, found the defence hypothesis that he only had a mobile phone implausible, and was satisfied beyond reasonable doubt that the accused possessed a firearm while not licensed or authorised to do so.

Court Disposition

The accused was found guilty and convicted on count 2 of possessing a firearm while not authorised by licence or permit.

Orders

  • ['On the charge of possessing a firearm whilst not being authorised to do so by a licence or permit on 1 August 2019 at Thornton, the accused is found guilty.' 'The accused is convicted of count 2 on the indictment.']