DPP v Scheele

Case [2016] ACTCA 23


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
COURT OF APPEAL

Case Title:

The Director of Public Prosecutions v Scheele

Citation:

[2016] ACTCA 23

Hearing Date:

20 February 2015

DecisionDate:

1 July 2016

Before:

Refshauge, Burns and Wigney JJ

Decision:

Appeal dismissed.

Catchwords:

APPEAL – reference appeal – Firearms Act 1996 (ACT), s 7(1)(a)(i) – statutory construction – whether, upon a proper construction of the definition of “prohibited firearm” in s 7(1)(a)(i), an item described in schedule 1 can be a prohibited firearm if it is not a firearm as defined in s 6 of the Firearms Act – appeal dismissed

Legislation Cited:

Firearms Act 1996 (ACT), ss 6, 7(1)(a)(i), 7, sch 1

Legislation Act 2001 (ACT), ss 137(1), 137(2), 139, 155

Supreme Court Act 1933 (ACT), s 37S

Cases Cited:

Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (Northern Territory) (2009) 239 CLR 27

Bermingham v Corrective Services Commissioner of New South Wales (1988) 15 NSWLR 292
CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384
Commissioner of Taxation v Consolidated Media Holdings Ltd (2012) 250 CLR 503
Commonwealth v Baume (1905) 2 CLR 405
Deputy Commissioner of Taxation (NSW) v Mutton (1988) 12 NSWLR 104
Director of Public Prosecutions (Vic) v Leys (2012) 296 ALR 96
Director of Public Prosecutions v SC [2012] ACTCA 30
Ex parte Fitzgerald, Re Gordon (1945) 45 SR (NSW) 182
Fish v Solution 6 Holdings Ltd (2006) 225 CLR 180
Gibb v Federal Commissioner of Taxation (1966) 118 CLR 628
Inco Europe Ltd v First Choice Distributors [2000] 1 WLR 586
Inland Revenue Commissioner v Ayrshire Employers Mutual Insurance Association Ltd [1946] 1 All ER 637
IW v City of Perth (1997) 191 CLR 1
James Hardie and Co Pty Ltd v Seltsam Pty Ltd (1998) 196 CLR 53
Kingston v Keprose Pty Ltd (1987) 11 NSWLR 404
Krakouer v The Queen (1998) 194 CLR 202
Lennon v Gibson & Howes Ltd (1919) 26 CLR 285
Mills v Meeking (1990) 169 CLR 214
Network Ten Pty Ltd v TCN Channel Nine Pty Ltd (2004) 218 CLR 273
Newcastle City Council v GIO General Ltd (1997) 191 CLR 85
Newcastle City Council v GIO General Ltd (1997) 191 CLR 85
Project Blue Sky Inc v Australia Broadcasting Authority (1998) 194 CLR 355
R v J (1987) 9 NSWLR 615
R v PLV (2001) 51 NSWLR 736
R v Young (1999) 46 NSWLR 681
Registrar of Titles (WA) v Franzon (1975) 132 CLR 611
Taylor v The Owners – Strata Plan No 11564 (2014) 253 CLR 531

Wentworth Securities Ltd v Jones [1980] AC 74

Parties:

The Director of Public Prosecutions (Applicant)

Paul Edward Scheele (Interested Party)

Representation:

Counsel

Mr J White SC (Appellant)

Mr R Davies (Interested Party)

Solicitors

Office of the Director of Public Prosecutions (ACT) (Applicant)

Legal Aid Office (ACT) (Interested Party)

File Number:

ACTCA 63 of 2014

Decision under appeal: 

Court:  ACT Supreme Court

Before:  Penfold J

Date of Decision:          24 November 2014

Case Title:  R…

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AGLC
DPP v Scheele [2016] ACTCA 23
Case
[2016] ACTCA 23
Decision Date

CaseChat Overview and Summary

The Director of Public Prosecutions (DPP) appealed to the Supreme Court of the Australian Capital Territory against a decision of a Magistrate concerning the interpretation of the *Firearms Act 1996* (ACT). The dispute centred on whether an item listed in Schedule 1 of the Act could be classified as a "prohibited firearm" even if it did not meet the definition of a "firearm" as defined in section 6 of the Act.

The central legal issue before the Court was the proper construction of section 7(1)(a)(i) of the *Firearms Act 1996* (ACT). Specifically, the Court had to determine whether the definition of a "prohibited firearm" encompassed items listed in Schedule 1, irrespective of whether those items were also firearms within the meaning of section 6 of the Act.

The Court reasoned that the structure of section 7(1)(a)(i) indicated that an item could be a prohibited firearm if it fell within either limb of the provision. The first limb referred to items that were firearms as defined in section 6 and were also listed in Schedule 1. The second limb, however, referred to items that were listed in Schedule 1, and the Court held that this limb operated independently. Therefore, an item listed in Schedule 1 could be a prohibited firearm even if it did not satisfy the definition of a firearm in section 6. The appeal was accordingly dismissed.

Orders

Orders of the court

Appeal dismissed.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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