R v Gjergji

[2016] SASCFC 101

South Australia Full Court

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Criminal Law
2. › Particular offences
3. › Offences against peace and public order
4. › Offensive weapons
5. › Firearms
6. › Possession of firearm without licence
7. › Meaning of 'in charge of' a vehicle
8. › Whether registered owner present at scene was 'in charge of' vehicle despite lending it to another
9. › Firearms Act 1977 (SA), ss 5(14)(c), 5(15)(a), 11(1)
1. Criminal Law
2. › Appeal and new trial
3. › Inadequacy of reasons
4. › Trial by judge alone
5. › Whether trial judge's reasons adequate where issue not put in dispute by defence
6. › Whether failure to address evidence relevant to undisputed issue constituted inadequacy
1. Criminal Law
2. › Appeal and new trial
3. › Proviso
4. › Application of proviso where inadequacy of reasons alleged
5. › Whether conviction inevitable notwithstanding any inadequacy
6. › Criminal Law Consolidation Act 1935 (SA), s 353(1)

Quick Take

A registered owner of a vehicle who is present at the scene and in a position to assert practical control over the vehicle remains 'in charge of' it for the purposes of s 5(14)(c) of the Firearms Act 1977 (SA), even where the vehicle has been lent to another person over a short period and the owner does not have the key. The obligation to give adequate reasons is assessed by reference to the issues as identified by the parties at trial; where defence counsel does not put a particular aspect of an issue in dispute, the trial judge is not required to address that aspect in reasons.