Lloyd-Groocock v Police

[2008] SASC 313

SUPREME COURT OF SOUTH AUSTRALIA

(Magistrates Appeals: Criminal)

LLOYD-GROOCOCK v POLICE

[2008] SASC 313

Judgment of The Honourable Chief Justice Doyle

20 November 2008

FIRE, EXPLOSIVES AND FIREARMS - FIREARMS - LICENCES AND RELATED MATTERS - LICENCES - ISSUE OF AND GENERALLY

Appellant proprietor of a general store – appellant held a firearms dealer’s licence – part of the business of the store to sell firearms – firearms stored in an upright drinks display fridge – glass windows of doors of fridge removed and replaced with two layers of shockproof glass and a layer of steel mesh – large steel bar installed across the front of the doors – key required to unlock the padlock attached to bar to open the fridge – Firearms Regulations 1993 (SA) reg 29 and reg 31(1) required firearms to be stored in ‘safe made of steel’ – appellant convicted of offences relating to the contravention of storage requirements imposed by Regulations – appeal against conviction – whether fridge a ‘safe made of steel’ for the purposes of firearms storage requirements.

Held: fridge made of steel and glass – glass doors a substantial part of the surface area of fridge – a container could only be described as a ‘safe made of steel’ if wholly or almost entirely made of steel – fridge not a ‘safe made of steel’.

EVIDENCE - BURDEN OF PROOF, PRESUMPTIONS, AND WEIGHT AND SUFFICIENCY OF EVIDENCE - GENERALLY - STATUTORY PROVISOS AND EXEMPTIONS - PARTICULAR MATTERS - OFFENCES

CRIMINAL LAW - EVIDENCE - MATTERS RELATING TO PROOF - BURDEN OF PROOF - DEFENCES

Appellant proprietor of a general store – appellant held a firearms dealer’s licence – part of the business of the store to sell firearms – firearms stored in an upright drinks display fridge – appellant convicted at trial of failure to comply with relevant storage requirements imposed by regs 29 and 31(1) of Firearms Regulations 1993 (SA) – store inspected while open for business – appellant not present during inspection – store employee present at the time of inspection not the holder of a dealer’s licence – under reg 31(3) dealer not required to comply with relevant storage requirements if premises on which firearms dealership conducted open to the public, provided firearms are not accessible to the public and stored in a manner approved by Registrar – neither party adduced evidence as to whether appellant complied with manner of storage of firearms approved by Registrar – whether store ‘open to the public’ at the time of inspection so that reg 31(3) storage requirements available to appellant – whether reg 31(3) storage requirements an exception to storage requirements so that under s 56 Summary Procedure Act 1921 (SA) appellant bore burden of proving storage of firearms was in accordance with manner of storage approved by Registrar.

Held: premises open to the public at the time of inspection and reg 31(3) storage requirements available to appellant.

Held: reg 31(3) provides an exception and matters of fact identified in reg…