McGEE v Chitty

The appeal in McGee v Chitty involves the appellant's acquittal on charges under section 23(9)(d)(i) of the Firearms Act 1973 (WA), concerning the improper storage of firearms. The appellant had relocated firearms to a new residence, intending to store them in a designated firearms cabinet. However, a power failure interrupted the anchoring of the cabinet, resulting in the firearms being temporarily placed in the appellant's bedroom. The court of appeal was tasked with determining whether the circumstances of the transit and temporary relocation constituted a reasonable excuse or reason for the failure to store the firearms in a designated cabinet.

The primary legal issue before the court was whether the offence under section 23(9)(d)(i) of the Firearms Act requires proof of an absence of a reasonable excuse or reason for not providing and using appropriate storage facilities for firearms. Additionally, the court had to decide whether the condition of the offence, that the person was not lawfully in possession of the firearms except for storage purposes, was satisfied when the firearms were temporarily relocated due to an unforeseen power failure.

The court held that the offence under section 23(9)(d)(i) does require the prosecution to prove the absence of a reasonable excuse or reason for the failure to store firearms in appropriate facilities. The court concluded that the circumstances of the power failure and the temporary relocation of the firearms to the bedroom constituted a reasonable excuse, such that a reasonable finder of fact might fail to conclude beyond a reasonable doubt that the appellant was not lawfully in possession of the firearms except for storage purposes. The appeal was thus dismissed, upholding the acquittal of the appellant.