R v Papadakis

The appellant was convicted of possessing a prohibited weapon, namely a knuckle duster, after being found by police with the item in his possession while he was with his son at a public swimming pool. The appeal was against conviction only and was heard by the Full Court of the Supreme Court of Victoria. The appeal hinged on the question of whether the appellant had the capacity to possess the item at the time it was found by police. The Crown argued that the appellant's prior criminal history meant he was likely to use the item for an unlawful purpose. The appellant argued that he had no such intention and had simply forgotten that he had it on him. The court was required to determine whether the Crown had proved that the appellant was not entitled to possess the item at the time it was found by the police. In its reasoning, the court noted that there was no evidence to suggest that the appellant was likely to use the item for an unlawful purpose. While his prior criminal history was relevant, it was not determinative of whether he was likely to use the item for an unlawful purpose at the time of the offence. The court noted that the appellant's explanation for having the item was plausible and not inherently improbable. The court found that the Crown had not proved beyond reasonable doubt that the appellant was not entitled to possess the item at the time it was found. The appeal was therefore allowed and the conviction quashed. No orders were made as to sentence.