Palmans v R [2021] NSWDC 467

Palmans v R [2021] NSWDC 467

The appeal against the Firearms Act conviction failed because the cap gun substantially duplicated the appearance of a firearm, was metal, relatively heavy, had moveable parts, was coloured like a firearm, had been wrapped in cloth and duct tape, and was treated by the appellant as something looking like a gun to be disposed of; it was therefore not identified as a children's toy at the time of possession. Possession was established because it was in the bag the appellant was carrying and the account that his grandmother packed it was rejected. The appeal against the knife conviction succeeded because the appellant used the box cutter for work and had a reasonable and lawful excuse for...

Jurisdiction
Australia
Judgment Date
08 June 2021
Procedural Posture
Criminal Appeal From Local Court Convictions / District Court of New South Wales Appeal Against Convictions
Outcome
Appeal against conviction under Firearms Act 1996 s 7(1) dismissed; appeal against conviction for custody of a knife contrary to Summary Offences Act 1988 s 11C(1) set aside; appeal against severity of sentence withdrawn.
Legal Topics
['possession of Imitation Firearm' 'custody of Knife in a Public Place' 'reasonable Excuse' 'admissibility of Hearsay Where Maker Unavailable' "children's Toy Exception for Imitation Firearms"]
['criminal Law' 'evidence' 'firearms Regulation'] ['possession of Imitation Firearm' 'custody of Knife in a Public Place' 'reasonable Excuse' 'admissibility of Hearsay Where Maker Unavailable' "children's Toy Exception for Imitation Firearms"]

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Procedural Posture

Criminal Appeal From Local Court Convictions / District Court of New South Wales Appeal Against Convictions

Legal Issues

  1. 1 ["Whether the JG Schrödel cap gun was excluded from the definition of imitation firearm because it was produced and identified as a children's toy within Firearms Act 1996 s 4D(4)." 'Whether the appellant possessed the imitation firearm found in the bag he was carrying.' 'Whether the appellant had a reasonable excuse for custody of a box cutter in a public place contrary to Summary Offences Act 1988 s 11C(1).' "Whether the statements of the appellant's mother and grandmother were admissible under Evidence Act 1995 s 65 on the basis that they were unavailable to give evidence."]

Ratio Decidendi

The appeal against the Firearms Act conviction failed because the cap gun substantially duplicated the appearance of a firearm, was metal, relatively heavy, had moveable parts, was coloured like a firearm, had been wrapped in cloth and duct tape, and was treated by the appellant as something looking like a gun to be disposed of; it was therefore not identified as a children's toy at the time of possession. Possession was established because it was in the bag the appellant was carrying and the account that his grandmother packed it was rejected. The appeal against the knife conviction succeeded because the appellant used the box cutter for work and had a reasonable and lawful excuse for...

Court Disposition

Appeal against conviction under Firearms Act 1996 s 7(1) dismissed; appeal against conviction for custody of a knife contrary to Summary Offences Act 1988 s 11C(1) set aside; appeal against severity of sentence withdrawn.

Orders

  • ['Appeal against conviction of offence under Firearms Act 1996 s 7(1) dismissed.' 'Appeal against conviction for custody of a knife, being a box cutter, contrary to Summary Offences Act 1988 s 11C(1) set aside.' 'Any penalty imposed for the knife offence H69048003, sequence 2, set aside.' 'Appeal against severity of...