To establish the offence, the prosecution must prove beyond reasonable doubt that:
Section 4 of the Act provides that you are in ‘possession’ if:
Section 4A makes clear that possession includes where the item is in or on any premises you own, lease or occupy, or in your care, control or management, unless you satisfy the court that:
‘Premises’ means any place, vehicle, vessel or aircraft.
Section 4 defines a ‘firearm’ as:
A gun, or other weapon, that is or was capable of propelling a projectile by means of an explosive, and includes a blank fire firearm, or an air gun, but does not include a paintball marker.
Section 4D makes clear that it includes an ‘imitation firearm’ which is an object that, regardless of its colour, weight or composition, or the presence or absence of any moveable parts, substantially duplicates in appearance a firearm, but is not a firearm. This does not include an object produced and identified as a children’s toy.
Defences to the charge include:
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