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White V Woolcock Case Study

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Citation White v Woolcock [2007] 1 QLD R 283. Parties The parties that were involved in this case was White, Darryl John (appellant/respondent) and Woolcock, Richard Bruce (respondent/applicant/appellant). Court The judgment of this case was handed to the District Court at Brisbane, following judges - McMurdo P, Jerrard JA, and Holmes J. Procedural History The procedures had begun in the Magistrates Court in Brisbane to decide if the law is ignored which is asserted that whether the guns can be exchanged to collectible guns instead of concealable guns. The case had begun at the point when the acknowledgment of claim choice was made in the District Court on 10 August 2005. Also, it was found that in June 2004, the applicant forbidden …show more content…

Whether the applicant had a “genuine reason” for possessing them 3. Whether the appeal should be allowed Reasons for Judgement The decision of the magistrate court was made primarily on the basis that it didn’t establish that any of the relevant weapons were “collectible firearms” this was shown in s 77(1)(c) and s 77(2) of the Weapons Act 1990. However, in respect of the Jennings J22 pistol, there was an alternative basis, being that it was not established that the respondent had “a continued and genuine interest in the study, preservation or collection of weapons”, within the meaning of s 138(3) of the Weapons Act 1990. For the reason of the respondent’s appeal to the District Court, the applicant did not seek to uphold the magistrate’s decision in respect of the Jennings J22 weapon upon the other basis. Therefore, it was the applicant’s argument that the respondent had to demonstrate a question or error of law in respect of the primary basis in order to succeed in his appeal and that he had to do so; Phillips v Woolcock (2002) 23 QLD lawyer Reps …show more content…

His notice of appeal was supported by a letter but it was not a part of the appeal record in this court. Then he had to re-articulate his argument. Before attending the Magistrates Court, he contended that the Browning weapons were both important value, while the Jennings pistol’s vital feature was its cheapness of the structure. The Magistrates Court discussed all the reasons of the authorised officer and made this opinion; “When having regard to section 3 of the Act and the above cases (decisions cited to her in relation to the public interest), it is plain that the objective considerations of public interest are of high importance when making determinations under the Act.” The reasons for judgment was then appealed to the District Court according to s. 149 of the Weapons Act, which permits an appeal on a question of the law. The District Court judge allowed the appeal on the bases that the magistrate has wrongly applied, as “the primary test”, the test that was set out in s 138(3) of the Weapons Act for possession of modern handguns and failed to give proper consideration to the evidence as to the pistols being a collectable

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