Scicluna v R (No. 2) [2007] NSWCCA 172

Scicluna v R (No. 2) [2007] NSWCCA 172

It was open to the jury to infer beyond reasonable doubt that the weapon was in the possession of the appellant, given the circumstances of ownership, residence, and location of the weapon, and thus the appeal against conviction on all counts should be dismissed.

Parties
Applicant: Stephen Joseph Scicluna; Respondent: Regina
Jurisdiction
Australia
Judgment Date
21 June 2007
Procedural Posture
Criminal Appeal / Post Judgment Reopening and Determination of Unresolved Ground of Appeal
Outcome
appeal dismissed
Legal Topics
Appeal, Unresolved Ground of Appeal, Possession of Prohibited Weapon, Possession/manufacture of Methylamphetamine
Criminal Law Appeal Unresolved Ground of Appeal Possession of Prohibited Weapon Possession/manufacture of Methylamphetamine

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Stephen Joseph Scicluna

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Post Judgment Reopening and Determination of Unresolved Ground of Appeal

Legal Issues

  1. 1 Whether the appeal should be reopened to address an unresolved ground
  2. 2 Whether it was open to the jury to find possession of the prohibited weapon beyond reasonable doubt

Ratio Decidendi

It was open to the jury to infer beyond reasonable doubt that the weapon was in the possession of the appellant, given the circumstances of ownership, residence, and location of the weapon, and thus the appeal against conviction on all counts should be dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal against conviction on all counts is dismissed.