http://www.austlii.edu.au/au/cases/vic/VSCA/2014/284.html
CRIMINAL LAW – Armed with a controlled weapon with criminal intent – Plan to kidnap and harm prostitute – Whether prosecutor’s conduct caused trial to miscarry – Whether conviction was unsafe and unsatisfactory – Sentence of two years and ten months’ imprisonment – Appeal against conviction and sentence dismissed.
CRIMINAL LAW – Handling stolen goods – Whether sufficient evidence for jury to be satisfied beyond reasonable doubt that applicant knew or believed that numberplates in his possession were stolen – Weissensteiner v The Queen [1993] HCA 65; (1993) 178 CLR 217, discussed – Conviction for handling stolen goods quashed.
CRIMINAL LAW – Possessing an unregistered firearm as a prohibited person – Definition of a ‘firearm’ for the purposes of s 3 of the Firearms Act 1996 – Whether device designed for the purpose of discharging missile – Unnecessary that the device capable of discharging shot or a missile – Whether a miscarriage arose due to conduct of prosecutor, judge’s charge or admission of evidence.