Reported Decision:
57 NSWLR 390
138 A Crim R 560
Court of Appeal
CITATION: Hardman v Director of Public Prosecutions (NSW) [2003] NSWCA 130 revised - 8/09/2003 HEARING DATE(S): 14/05/03 JUDGMENT DATE:
29 July 2003JUDGMENT OF: Meagher JA at 1; Tobias JA at 13; McColl JA at 24 DECISION: 1. Appeal allowed; 2. The orders made by Simpson J on 14 August 2002 be set aside; 3. Respondent to pay the appellant's costs of the appeal and the hearing before Simpson J. CATCHWORDS: Definition of "public place" - Crimes Act 1900 (NSW) ss. 8, 93G - Loaded firearms - Whether loaded firearm found in enclosed motor vehicle in a "public place". LEGISLATION CITED: Crimes Act 1900 (NSW)
Crimes (Firearms) Amendment Act 1989 (NSW)
Firearms Act 1936 (NSW)
Firearms and Dangerous Weapons Act 1973 (NSW)
Firearms and Offensive Weapons Act 1979 (Qld)
Interpretation Act 1987 (NSW)
Justices Act 1902 (NSW)
Offences in Public Places Act 1979 (NSW)
Police Offences Act 1901 (NSW)
Summary Offences Act 1966 (Vic)
Summary Offences Act 1987 (NSW)
Supreme Court Act 1970 (NSW)CASES CITED: Australian Securities Commission v Marlborough Gold Mines Limited (1993) 177 CLR 480
Beckwith v R (1976) 135 CLR 569
Bropho v Western Australia (1990) 171 CLR 1
Commissioner of Stamps (SA) v Telegraph Investment Co Pty Limited (1995) 184 CLR 453
Cooper Brooks (Wollongong) Pty Limited v Federal Commissioner of Taxation (1981) 147 CLR 297
Forte v Sweeney (1982) Qd R 127
Geaghan v D'Aubert [2002]36 MVR 542
Hutt v R [1978] 82 D.L.R. (3d) 95
In The Appeal of Camp [1975] 1 NSWLR 452
K & S Lake City Freighters Pty Limited v Gordon & Gotch Limited (1985) 157 CLR 309
The King v Adams (1935) 53 CLR 563
The King v Wilson; ex parte Kisch (1934) 52 CLR 234
Kingston v Keprose Pty Ltd (1987) 11 NSWLR 404
Krakouer v The Queen (1998) 194 CLR 202
Mansfield v Kelly (1972) VR 744
McKenzie v Stratton (1971) VR 848
Miller v Hunt (unreported, Supreme Court of Victoria, 20 February 1968)
Murphy v Farmer (1988) 175 CLR 19
Project Blue Sky Inc & Ors v Australian Broadcasting Authority (1998) 194 CLR 355
R v Sloan (1994) 18 O R (3d) 143, Ont. Rep 381
R v Wise 67 C.C.C. (2d) 231, 1982 C.C.C. LEXIS 6052
Risk v Northern Territory of Australia and Another
Scott v Cawsey (1907) 5 CLR 132
Smith v Corrective Services (1980) 147 CLR 134
Sweeney v Fitzhardinge (1906) 4 CLR 716
Taikato v R (1996) 186 CLR 454
Walker v Crawshaw [1924] NZLR 93
Ward v Marsh [1959] VR 25PARTIES :
Jamie Ronald Hardman
v
Director of Public Prosecutions (NSW)FILE NUMBER(S): CA CA 41045 of 2002 COUNSEL: A: G J Sundstrom
R: Cogswell SC & J QuilterSOLICITORS: A: Woodgate Morgan (by their city agents Pigott Stinson Ratner Thom)
R: NSW DPP
LOWER COURTJURISDICTION: Supreme Court - Common Law Division LOWER COURT FILE NUMBER(S): SC 11704/02 LOWER COURT
JUDICIAL OFFICER :Simpson J
IN…
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Details
- AGLC
- Hardman v Minehan [2003] NSWCA 130
- Case
- [2003] NSWCA 130
- Decision Date
CaseChat Overview and Summary
The appeal in *Hardman v Minehan* concerned the interpretation of the term "public place" under the *Crimes Act 1900* (NSW). The dispute arose when the appellant was found with a loaded firearm in an enclosed motor vehicle. The central question before the Court of Appeal of New South Wales was whether the location where the firearm was found constituted a "public place" for the purposes of the relevant provisions of the Act.
The court was required to determine whether an enclosed motor vehicle, situated in circumstances that might otherwise be considered private, could nonetheless be deemed a "public place" within the meaning of sections 8 and 93G of the *Crimes Act 1900* (NSW). This involved an analysis of the statutory definition of "public place" and its application to the specific factual circumstances of the case.
The Court of Appeal allowed the appeal, setting aside the previous orders made by Simpson J. The court's reasoning, though not detailed in the provided text, led to the conclusion that the location in question did not meet the definition of a "public place" under the Act. Consequently, the respondent was ordered to pay the appellant's costs of both the appeal and the initial hearing.
The court was required to determine whether an enclosed motor vehicle, situated in circumstances that might otherwise be considered private, could nonetheless be deemed a "public place" within the meaning of sections 8 and 93G of the *Crimes Act 1900* (NSW). This involved an analysis of the statutory definition of "public place" and its application to the specific factual circumstances of the case.
The Court of Appeal allowed the appeal, setting aside the previous orders made by Simpson J. The court's reasoning, though not detailed in the provided text, led to the conclusion that the location in question did not meet the definition of a "public place" under the Act. Consequently, the respondent was ordered to pay the appellant's costs of both the appeal and the initial hearing.
Orders
Orders of the court
1. Appeal allowed; 2. The orders made by Simpson J on 14 August 2002 be set aside; 3. Respondent to pay the appellant's costs of the appeal and the hearing before Simpson J.
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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