Possession of a firearm except for a lawful purpose - no possession presumption relied on (Section 45 Arms Act 1983)

[Note: This question trail assumes the following fact scenario: Mr Smith was arrested for carrying a .22 rifle on Department of Conservation land. He told the police officer that he was going hunting for rabbits.]

Charge 1: Possession of a firearm except for a lawful, proper and sufficient purpose under section 45 of the Arms Act 1983

On question 1 the Crown must prove the element of the offence. That is called the burden of proof. The Crown carries that burden. Also, the Crown must prove the element beyond reasonable doubt. That is called the standard of proof. It means you must be sure that the element is proved.

1.	Are you sure that Mr Smith was in possession of the .22 rifle on the Department of Conservation land?
	To have possession of the .22 rifle, Mr Smith must: (a) Have been aware of where the .22 rifle was; (b) Have been aware that the item was a firearm; (c) Have had control over the .22 rifle either through personal or shared custody or by having the ability to direct another who had personal custody; and (d) Have intended to exercise personal or shared control over the .22 rifle. If no, find Mr Smith not guilty. If yes, go to question two.
On question 2 the burden of proof lies on Mr Smith, who must satisfy you on the balance of probabilities, which means “more likely than not”.
2.	Has Mr Smith satisfied you that it is more likely than not that he was carrying the .22 rifle in order to go hunting for rabbits?
	If yes, find Mr Smith not guilty. If no, find Mr Smith guilty.