Abela v State of New South Wales

The applicants, Abela and others, appealed to the Court of Appeal of New South Wales against a decision concerning the interpretation of the *Firearms Regulation 1990* (NSW). The central dispute revolved around whether a conviction for failing to secure firearms constituted a 'prescribed offence' for the purposes of clause 5(a) of the *Firearms (General) Regulation 1990* (NSW).

The primary legal issue before the Court of Appeal was whether the offence of failing to secure firearms, as defined under the *Firearms Regulation 1990*, fell within the scope of 'possession or use' of a firearm for the purposes of clause 5(a) of the *Firearms (General) Regulation 1990*. This determination was critical to the applicants' case.

The Court of Appeal, comprising Mason P, Meagher and Fitzgerald JJA, reasoned that the offence of failing to secure firearms inherently involved the possession of those firearms. Their Honours held that the legislative intent behind the *Firearms (General) Regulation 1990* was to capture offences that related to the control and safekeeping of firearms, which necessarily encompassed their possession. Consequently, the Court concluded that the conviction did constitute a 'prescribed offence' under the relevant clause. The appeal was dismissed with costs.