Hardman v Minehan

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.