To print this judgment please return to the case and click on the PDF icon
next to the
case name. For court use, a full PDF copy is required or preferred.
Please Note: You are about to print a copy of the onscreen
version of
this judgment. For court use, a full PDF copy of the judgment is required or preferred. Please
return to
the case for PDF printing options.
Mr Powell imported a "breach bolt" for a firearm. He was convicted by a Magistrate of importing a prohibited import contrary to s 233(1)(b) of the Customs Act 1901 (Cth). A conviction was recorded; he was fined $1,500 and ordered to pay $6,000 costs.
Primary Judgment
[2006] QDC 184
28 Jun 2006
Appeal against conviction on 23 December 2004 in Magistrates Court for importing a prohibited import; failure to give adequate reasons amounted to an error of law; on the evidence before the magistrate, the charge was not made out, and the appellant was entitled to be acquitted: McGill SC DCJ.
Primary Judgment
(No citation)
16 Jul 2009
A Magistrate dismissed a complaint against Mr Powell of unlawfully importing a prohibited import alleged to be a “lower receiver” of the kind included in a Colt Armalite rifle. A “no case to answer” submission to the effect that “firearm part” does not extend to part of a firearm part was accepted.
Primary Judgment
[2010] QDC 218
05 Mar 2010
Appeal from the finding of the Magistrate that Mr Powell had no case to answer of 16 July 2009. Appeal allowed. Decision below set aside. Matter remitted to the Magistrates Court for further hearing and determination: Robin QC DCJ.
Primary Judgment
(No citation)
10 Nov 2010
Matter remitted from [2010] QDC 218. Chief Magistrate found the appellant guilty of importing a prohibited import.
Primary Judgment
[2011] QDC 272
17 Nov 2011
Appeal from Chief Magistrate's decision of 10 November 2010 dismissed: Jones DCJ.
Primary Judgment
(No citation)
10 Jun 2013
Mr Powell was sentenced for the offence importing a prohibited import (a receiver part for an M16 self-loading military firearm), contrary to s233(1)(b) of the Customs Act 1901. Under s19B of the Crimes Act 1914, Mr Powell was discharged without penalty: Chief Magistrate.
Primary Judgment
[2015] QDC 48
04 Mar 2015
Appeal against the sentence under s 222 of the Justices Act 1886 (Qld) in respect of the decision of the Chief Magistrate on 10 June 2013. Appeal allowed: Kingham DCJ.
Primary Judgment
[2015] QDC 97
06 May 2015
Conviction recorded and Mr Powell fined $6,000, with two years to pay. Mr Powell ordered to pay Customs' costs: Kingham DCJ.
Appeal Determined (QCA)
[2007] QCA 106 [2008] 1 Qd R 109
30 Mar 2007
Application for leave to appeal in respect of decision in [2006] QDC 184 granted and appeal allowed; appeal to District Court dismissed; notwithstanding failure of the Magistrate to explain why conviction was ordered, it was correct; prosecution properly commenced and facts established that the respondent did not have authority to import the breech bolt which was a firearm part to which item 13 of the Regulations applied. Conviction below reinstated: McMurdo P, Holmes JA and Chesterman J.
Appeal Determined (QCA)
[2012] QCA 338 (2012) 272 FLR 5
04 Dec 2012
Application for leave to appeal from [2011] QDC 272 dismissed: Margaret McMurdo P, Atkinson and Henry JJ.
Appeal Determined (QCA)
[2016] QCA 313
25 Nov 2016
Grant leave to appeal; appeal allowed; orders in [2015] QDC 48 and [2015] QDC 97 set aside: Gotterson, Philip McMurdo JJA and Daubney J.
Appeal Status
Appeal Determined (QCA)
Please select (using the checkboxes) which search results you would like to add to a list.
