Director of Public Prosecutions (Cth) v El Ali (No 2) [2015] NSWLC 17

Director of Public Prosecutions (Cth) v El Ali (No 2) [2015] NSWLC 17

The CANs are not 'embarrassing' under criminal law requirements and comply with statutory rules for conspiracy charges; the statutory context and the use of 'unless' cast the evidential burden to prove lawful authority on the accused under ss 417, 417A Crimes Act; s 87 certificates establish absence of relevant licence or registration; definitions and evidence support finding that a sale for reward occurred; prosecution evidence is capable of satisfying a properly instructed jury of the accused's guilt and the accused is committed for trial.

Jurisdiction
Australia
Judgment Date
20 August 2015
Procedural Posture
Committal Proceedings / Commitment for Trial
Outcome
Accused committed for trial
Legal Topics
['firearms Offences' 'conspiracy' 'criminal Group Participation' 'sale of Firearms' 'licensing' 'proof of Lawful Authority']
['criminal Law'] ['firearms Offences' 'conspiracy' 'criminal Group Participation' 'sale of Firearms' 'licensing' 'proof of Lawful Authority']

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Procedural Posture

Committal Proceedings / Commitment for Trial

Legal Issues

  1. 1 ["Whether the court attendance notices (CANs) are 'embarrassing' and should be dismissed" 'Whether the prosecution has proven the absence of licence or permit for co-conspirators to possess firearms' 'Whether firearms were sold within the meaning of ss 51 and 51D of the Firearms Act 1996' 'Whether participation in a criminal group contributed to criminal activity as defined']

Ratio Decidendi

The CANs are not 'embarrassing' under criminal law requirements and comply with statutory rules for conspiracy charges; the statutory context and the use of 'unless' cast the evidential burden to prove lawful authority on the accused under ss 417, 417A Crimes Act; s 87 certificates establish absence of relevant licence or registration; definitions and evidence support finding that a sale for reward occurred; prosecution evidence is capable of satisfying a properly instructed jury of the accused's guilt and the accused is committed for trial.

Court Disposition

Accused committed for trial

Orders

  • ['Khoder El Ali is committed for trial on the offences charged.']