A device that is inoperable but designed for the purpose of discharging a missile satisfies the definition of 'firearm' in s 3 of the Firearms Act 1996 (Vic); the relevant inquiry is the objective purpose of the device as disclosed by its design, not its actual capability. The Weissensteiner principle permitting adverse inferences from an accused's silence may only arise where there is no evidence to support an innocent hypothesis; where the accused has provided an explanation (even if not on oath at the relevant trial), the principle is not enlivened. Mere possession of stolen goods, combined with an unsatisfactory explanation, is insufficient to prove beyond reasonable doubt that the possessor knew or believed the goods were stolen.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.