Director of Public Prosecutions (NSW) v Simon James Fairbanks [2012] NSWSC 150

Director of Public Prosecutions (NSW) v Simon James Fairbanks [2012] NSWSC 150

Proof that the accused knows that he/she possesses the prohibited weapon is sufficient to establish possession under s 7(1) of the Weapons Prohibition Act 1998; proof of knowledge of the weapon's location or physical proximity at the time is not required.

Parties
Plaintiff/appellant: Director of Public Prosecutions (NSW); Defendant/respondent: Simon James Fairbanks
Jurisdiction
Australia
Judgment Date
01 March 2012
Procedural Posture
Civil Appeal / Appeal Against Acquittal
Outcome
Declaration as to the law; leave granted for further submissions on orders
Legal Topics
Possession of Prohibited Weapon, Mens Rea, Error of Law
Criminal Law Possession of Prohibited Weapon Mens Rea Error of Law

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Parties

Director of Public Prosecutions (NSW)

Plaintiff/appellant

Simon James Fairbanks

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal Against Acquittal

Legal Issues

  1. 1 Whether proof of knowledge of possession requires knowledge of the weapon's location
  2. 2 What constitutes 'knowingly possess' under s 7(1) Weapons Prohibition Act 1998
  3. 3 Whether the learned Magistrate committed an error of law in applying a higher standard of knowledge

Ratio Decidendi

Proof that the accused knows that he/she possesses the prohibited weapon is sufficient to establish possession under s 7(1) of the Weapons Prohibition Act 1998; proof of knowledge of the weapon's location or physical proximity at the time is not required.

Court Disposition

Declaration as to the law; leave granted for further submissions on orders

Orders

  • An offence of possessing a prohibited weapon under s 7(1) of the Weapons Prohibition Act 1998 requires proof by the prosecutor that the accused knows that he/she possesses the item that is prohibited, but does not require proof that the accused knows the location of the item possessed, nor proof that the item is...
  • Leave granted to the parties for further submissions on the form of the declaration in Order 1 above and on the necessity or desirability of any further orders.