Allsopp v The Queen

The appellant, Allsopp, was convicted in the District Court of Queensland of possessing a firearm without a licence, contrary to s 11(1) of the *Weapons Act 1990* (Qld). The conviction followed a trial where the prosecution alleged that the appellant had possessed a firearm, specifically a .22 calibre rifle, which was found in the boot of a car he was driving. The appellant maintained that he was unaware of the firearm's presence in the vehicle. The appeal was heard by the Court of Appeal of Queensland.

The central legal issue before the Court of Appeal was whether the trial judge had erred in directing the jury on the element of knowledge required for the offence of possessing a firearm without a licence. Specifically, the court had to determine whether the prosecution was required to prove that the appellant had actual knowledge of the firearm's presence, or if constructive knowledge or a failure to take reasonable steps to ascertain its presence would suffice. This involved an interpretation of the statutory language and the application of established principles regarding possession in criminal law.

The Court of Appeal held that the offence under s 11(1) of the *Weapons Act 1990* (Qld) required proof of actual knowledge of the existence of the firearm. The court reasoned that the term "possesses" in this context implied a voluntary physical control coupled with an intention to exercise that control. Mere constructive possession or a failure to inquire, without actual knowledge, was insufficient to establish guilt. The court found that the trial judge's direction to the jury, which suggested that knowledge could be inferred from circumstances where the appellant ought to have known of the firearm's presence, was an error of law.

Consequently, the Court of Appeal allowed the appeal, quashed the conviction, and ordered a new trial.