R v Lucas [2023] NSWSC 1357

R v Lucas [2023] NSWSC 1357

The offence is technically proven given the definition of firearm in NSW, but is found to be trivial in all circumstances, and is appropriately dismissed under s 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999 (NSW).

Parties
Crown: Rex; Accused: Joshua Lucas
Jurisdiction
Australia
Judgment Date
26 October 2023
Procedural Posture
Criminal / Sentence
Outcome
Offence proven, charge dismissed under s 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999 (NSW)
Legal Topics
Firearms Offence, Gel Blaster, Trivial Offence, S 10 Dismissal
Criminal Law Firearms Offence Gel Blaster Trivial Offence S 10 Dismissal

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Parties

Rex

Crown

Joshua Lucas

Accused

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 Whether possession of a gel blaster constitutes an offence under s 7A(1) of the Firearms Act 1996 (NSW)
  2. 2 Whether the charge should be dismissed as a trivial offence under s 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW)

Ratio Decidendi

The offence is technically proven given the definition of firearm in NSW, but is found to be trivial in all circumstances, and is appropriately dismissed under s 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999 (NSW).

Court Disposition

Offence proven, charge dismissed under s 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999 (NSW)

Orders

  • Offence of possession of firearm (gel blaster) proven.
  • Charge dismissed under s 10(1)(a) of the Crimes (Sentencing Procedure) Act 1999 (NSW).