R v Sandery

In the case of R v Sandery, the accused was charged with possession of a firearm and ammunition, and with possession of a firearm in contravention of a firearms prohibition order. The charges arose from the discovery of an SKS semi-automatic assault rifle, ammunition, and magazines in the accused's unoccupied residence, pursuant to a police search conducted under a warrant issued under the Firearms Act. The court had to determine whether the prosecution had proven beyond reasonable doubt that the accused was in possession of the rifle and ammunition, and whether the rifle was a 'prescribed firearm', and if the accused was not the holder of a firearms licence on count 1. Additionally, the court had to determine if the accused was subject to an extant firearms prohibition order on count 2.

The court considered the evidence, including the fact that the accused had a lease for the premises, had been seen at the premises on several occasions, and had admitted to being at the premises for extended periods of time prior to the search. The court also considered the presence of the accused's personal effects at the premises, including paperwork bearing his name. The court noted that the accused had not removed all his belongings from the premises, and that the premises were not entirely devoid of household effects, although there was no evidence of recent overnight occupancy. The court concluded that the evidence was not sufficiently cogent to rebut the presumption of possession under s 5(14) of the Firearms Act. The court also found that the accused failed to prove on the balance of probabilities that he did not know, or could not reasonably have been expected to know, of the presence of the rifle, or that the offences were not committed intentionally, or without taking care to avoid the commission thereof.

The court found the accused guilty of both charges, deeming him to be in possession of the firearm and ammunition, and in contravention of a firearms prohibition order. The court entered verdicts of guilty accordingly. The accused's appeal against conviction was dismissed.