District Court
New South Wales
Medium Neutral Citation: R v Ahmad (No 1) [2024] NSWDC 676 Hearing dates: 25 – 28 November 2024, 3 December 2024 Date of orders: 13 December 2024 Decision date: 13 December 2024 Jurisdiction: Criminal Before: Sutherland SC DCJ Decision: Verdicts of Guilty to all counts on the indictment, at [162].
Catchwords: CRIMINAL PROCEDURE — Trial — Judge-alone — Reasons of trial judge — 6 counts on indictment — Possession of commercial quantity of methylamphetamine; possession of .22 long rifle calibre cartridges; possession of prohibited firearms — Extended definition of possession in the deeming provision s 4A of the Firearms Act 1996 — Common law definition of possession.
Legislation Cited: Criminal Procedure Act 1986 (NSW) ss 132, 133, 166
Drug Misuse and Trafficking Act 1985 (NSW) s 3, 25(2), 29
Firearms Act 1996 (NSW) ss 4A, 7(1), 74(3)
Weapons Prohibition Act 1998 (NSW) s 34(1)Cases Cited: AK v Western Australia [2008] HCA 8; (2008) 232 CLR 438
Dasreef Pty Ltd v Hawchar [2011] HCA 21; (2011) 243 CLR 588
Fleming v R (1998) 197 CLR 250
He Kaw Teh [1985] HCA 43; (1985) 157 CLR 523
Joseph Sultana v R (1994) 74 A Crim R 27
R v Tang [2008] HCA 39; (2008) 237 CLR 1
Shepherd v The Queen (1990) 170 CLR 573Category: Principal judgment Parties: Rex (Crown)
Mohammad Ibrahim Ahmad (Accused)Representation: Counsel:
Solicitors:
B Ng (Crown)
B Eurell (Accused)
Office of the Director of Public Prosecutions (NSW) (Crown)
Just Defence Lawyers (Accused)
File Number(s): 2022/00391590 Publication restriction: N/A
JUDGMENT
-
The accused, Mohammad Ibrahim Ahmad, also known as Jordan Issa, stood trial in a judge-alone trial before me between 25 November 2024 and 3 December 2024.
-
The accused pleaded Not Guilty upon his arraignment with respect to 6 counts in the indictment which was presented. Count 1 alleges possession of not less than a commercial quantity of methylamphetamine contrary to s 25(2) of the Drug Misuse and Trafficking Act 1985. Counts 2, 3 and 4 each allege possession of .22 long rifle calibre cartridges which were located in three different areas of a motor vehicle alleged to have been driven by the accused. Each of these counts charges an offence contrary to s 74(3) of the Firearms Act 1996. Count 5 alleges possession by the accused of a prohibited weapon, namely a .22 long rifle calibre firearm magazine, which was also located in the vehicle. This is pursuant to s 34(1) of the Weapons Prohibition Act 1998. Count 6 alleges possession of a prohibited firearm, namely a .22 calibre GEVARM E-1 self-loading rifle without being authorised to do so by a licence or permit. This is contrary to s 7(1) of the Firearms Act 1996.
-
A joint application was made for the trial to proceed as a judge-alone trial pursuant to s 132 of the Criminal Procedure Act 1986.
-
Section 133 of the Criminal Procedure Act 1986 sets out the provisions which are…
Continue reading R v Ahmad (No 1)
Sign in free to access the full text
- AGLC
- R v Ahmad (No 1) [2024] NSWDC 676
- Case
- [2024] NSWDC 676
- Decision Date
CaseChat Overview and Summary
The court had to determine the applicability of the extended definition of possession in s 4A of the Firearms Act 1996, and how this compared to the traditional common law definition. The legal issue was whether the deeming provision in the statute could be applied to encompass a broader scope of possession than what was traditionally understood at common law. This included examining whether the legislative intent behind s 4A allowed for a broader interpretation that would include circumstances not traditionally covered by the common law definition.
The court, after thorough deliberation, found that the deeming provision in s 4A of the Firearms Act 1996 indeed extended the definition of possession beyond the common law. The reasoning was grounded in the legislative intent to more comprehensively address the possession of firearms and related items, and the court held that the extended definition was applicable in this case. Consequently, the verdicts of guilty on all counts were upheld.
No further orders were made beyond the verdicts of guilty on all counts at [162].
Orders
Orders of the court
Verdicts of Guilty to all counts on the indictment, at [162].
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.