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Sultan, Fawaz v The King [2022] VSCA 205

Victorian Court of Appeal
Kennedy and Kaye JJA

Sultan, Fawaz v The King

Judgment Date: 
21 September 2022

CRIMINAL LAW - Appeal - Sentence - Appellant charged with being prohibited person in possession of a firearm and being a prohibited person in possession of an imitation firearm - Whether judge erred in finding that the possession by the appellant of the firearms was for a 'criminal or sinister purpose' - Whether sufficient evidence upon which judge could reach such a conclusion beyond reasonable doubt - Leave to appeal granted - Appeal allowed - Appellant re-sentenced.

Firearms Act 1996 s 5; Control of Weapons Act 1990 s 5AB(2).

Berichon v The Queen (2013) 40 VR 490; The Queen v Storey [1998] 1 VR 359; Bugmy v The Queen (2013) 249 CLR 571 considered.