R v Wood

[2019] NSWDC 778

District Court

New South Wales

• Amendment notes

Medium Neutral Citation:	R v Wood [2019] NSWDC 778
Hearing dates:	8 – 11 October 2019
Date of orders:	11 October 2019
Decision date:	11 October 2019
Jurisdiction:	Criminal
Before:	M L Williams SC DCJ
Decision:	Verdicts of guilty on counts 1 – 5, and not guilty on count 6: at [79].
Catchwords:	CRIME — Firearms offences — Use/Possess prohibited pistol/firearm - operation of s 4A of the Firearms Act 1996 CRIME — Money laundering — Dealing with money suspected of being proceeds of crime CRIMINAL PROCEDURE — Trial — Judge alone
Legislation Cited:	Criminal Procedure Act 1986 Firearms Act 1996
Cases Cited:	Clout v R (1995) 41 NSWLR 312 Fernando v The Queen [1999] NSWCCA 66 Fleming v The Queen (1998) 197 CLR 250 Lowe v R (1997) 98 A Crim R 300 May v The Queen [2012] NSWCCA 250 R v Baden-Clay [2016] HCA 35 R v Winningham unreported NSWCCA 10 May 1995
Texts Cited:	Nil
Category:	Principal judgment
Parties:	Regina (Crown)   Mason Wood (Accused)
Representation:	Ms L Hanshaw (Solicitor Advocate for the Crown)   Mr D Roff (Counsel for the Accused)
File Number(s):	2018/171059

Judgment

1. The accused, Mason Wood, has pleaded not guilty, in a trial by judge alone, to an indictment containing six counts:

1. Count 1: On 31 May 2018, at East Gosford, he possessed a shortened firearm (#250991), that was not a pistol, without being authorised to do so, contrary to s 62(1)(b) of the Firearms Act1996..

2. Count 2: On 31 May 2018, at East Gosford, he possessed a shortened firearm (#408297), that was not a pistol, without being authorised to do so, contrary to s 62(1)(b) of the Firearms Act 1996

3. Count 3: On 31 May 2018, at East Gosford he possessed firearm namely namely, .22 Long Rifle calibre ANSCHUTZ Model 1450 bolt action repeating rifle (#1215599) not being authorised to do so, contrary to s 7A(1) of the Firearms Act 1996.

4. Count 4: On 31 May 2018, at East Gosford he possessed a firearm that was not registered, namely, .22 Long Rifle calibre ANSCHUTZ Model 1450 bolt action repeating rifle (#1215599) contrary to s 36(1) of the Firearms Act 1996.

5. Count 5: On 31 May 2018, at East Gosford, he possessed a firearm that was not registered namely, a shortened 12 gauge double barrel shotgun (#408297) contrary to s 36(1) of the Firearms Act 1996.

6. Count 6: On May 2018, at East Gosford did possess certain property namely, $4950 in Australian currency, in circumstance where that there are reasonable grounds to suspect that $4950 in Australian currency is the proceeds of crime.

Judge alone trial

2. Where an accused is tried without a jury, section 133 of the Criminal Procedure Act 1986 imposes certain obligations in relation to evidence relied upon by the Judge in reaching a verdict. That section provides:

133 Verdict of single Judge

(1) A Judge who tries criminal proceedings without a jury may make any finding that could have been…