Search for a case

Browse for a case

… by year

… by category

Tom Spohr 1/2/25 Tom Spohr 1/2/25

Commissioner of NSW Police v Murphy [2024] NSWCA 311

Here the Court of Appeal has held it is not permissible to revoke an existing Apprehended Violence Order in order to avoid automatic legislative consequences, including a prohibition on holding a firearms licence. Nor will it be permissible to extend the order if the main reason it is being extended

Tom Spohr 1/12/19 Tom Spohr 1/12/19

Darestani v R [2019] NSWCCA 248

In this decision the CCA has held that when deciding whether something is an imitation firearm, the use and intention of the accused at the time of possession is relevant to the question of whether a toy falls within the statutory definition for the purpose of the offence.

Tom Spohr 1/8/19 Tom Spohr 1/8/19

Carlin v R [2019] NSWCCA 130

When is unauthorised possession of a firearm which is prohibited not unauthorised possession of a prohibited firearm? In this case, the Court of Criminal Appeal (‘CCA’) looked at the fine distinction between two similar offences in the Firearms Act 1996 (‘the Act’) and pointed to an issue with short

Tom Spohr 1/6/19 Tom Spohr 1/6/19

Sumrein v R [2019] NSWCCA 83

In what looks to be a departure from an earlier line of authority, the CCA has held that possession of a firearm for personal protection might be a factor which mitigates the sentence – at least where the personal protection is unconnected with criminal conduct.