Hardman v Director of Public Prosecutions (NSW)

(2003) 57 NSWLR 390; [2003] NSWCA 130

NSW Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Firearms offences
3. › Possession of loaded firearm in public place
4. › Whether loaded firearm in enclosed motor vehicle on public road constitutes possession 'in a public place'
5. › Crimes Act 1900 (NSW), s 93G(1)(a)(i)
1. Statutory Interpretation
2. › Construction of criminal statutes
3. › Meaning of 'in a public place'
4. › Contextual construction
5. › Distinction between public place and vehicle in public place
6. › Whether statutory context requires narrower construction
7. › Crimes Act 1900 (NSW), ss 8, 93G, 357(2)
1. Statutory Interpretation
2. › Penal statutes
3. › Ambiguity resolved in favour of accused
4. › Whether rule of strict construction applicable
5. › Crimes Act 1900 (NSW), s 93G(1)(a)(i)

Quick Take

Possession of a loaded firearm inside an enclosed motor vehicle on a public road does not constitute possession 'in a public place' for the purposes of s 93G(1)(a)(i) of the Crimes Act 1900 (NSW). Such conduct may instead be charged under s 93G(1)(a)(ii) if the possession endangers the life of another person. The interstate authorities holding that a person in a vehicle in a public place is 'in' that public place (Forte v Sweeney, Mansfield v Kelly, McKenzie v Stretton) are distinguishable in the NSW statutory context because of the distinctive provisions of ss 8 and 357(2) of the Crimes Act.