R v Kheir, Mahmoud

The case of R v Kheir, Mahmoud involves the defendant being charged with possession of a loaded firearm in a public place, among other charges. The firearm in question was a 9 millimetre semi-automatic handgun found under the driver’s seat of the defendant’s vehicle. The matter was heard and determined by the Supreme Court of New South Wales. The defendant pleaded not guilty to all charges, leading to a trial by judge alone.

The primary legal issues before the court were whether the prosecution had proven beyond reasonable doubt that the defendant possessed the firearm in a public place, and if so, whether the evidence presented was sufficient to establish this. The court had to consider both direct and circumstantial evidence, including expert evidence on DNA analysis to determine if the defendant’s DNA was present on the firearm and if the location of the firearm was indicative of possession by the defendant. The court also needed to assess the credibility and weight of the evidence presented by both parties.

The court found that the prosecution had successfully established its case beyond reasonable doubt. The firearm was located in a place accessible only to the driver of the vehicle, and DNA evidence confirmed the defendant’s presence on the firearm. The court accepted that the location of the firearm, coupled with the DNA evidence, established possession by the defendant. The circumstantial evidence, when considered in conjunction with the DNA evidence, provided a compelling picture of the defendant’s involvement. The court found the defendant guilty on all three counts on the indictment.

The final orders of the court were that the defendant be found guilty of all three counts on the indictment. The detailed findings of the court were set out in paragraph 100 of the judgment.