Conant v The Queen

The appellant, Conant, appealed his convictions for firearms offences to the Court. He and Ms Avenell were convicted by the Trial Judge of offences relating to firearms found at premises they occupied, but were acquitted of a seventh count. Ms Avenell did not pursue her appeal. The central dispute at trial concerned whether the appellant was an occupier of the premises at the time of the police search on 3 April 2018, given that his de facto relationship with Ms Avenell was strained and he claimed to have moved out.

The legal issues before the Court were whether the Trial Judge erred in finding the appellant guilty of the firearms offences. Specifically, the Court considered whether it was open to the Trial Judge to find that the appellant was an occupier of the premises, and whether the Trial Judge's reasons for conviction were adequate and demonstrated that she had considered all the evidence. The appeal also raised the question of whether the verdict was unreasonable or insupportable having regard to the evidence.

The Court reasoned that it was open on the evidence to find the appellant an occupier of the premises, noting that he had nominated the address for home detention bail the day before the search and Ms Avenell stated he was still living there part-time. The Court found that the Trial Judge's reasoning was not inconsistent and showed she had regard to the entirety of the evidence presented. Consequently, the Court concluded that it was open to the Trial Judge to find the appellant guilty of counts 1 to 6.

The Court granted permission to appeal but ultimately dismissed the appeal, upholding the Trial Judge's convictions.