State of New South Wales v Corbett

Police – Search warrants – Police conducted a search under apparent authority of a search warrant – Application for search warrant referred to offence under Firearms Act 1989 (NSW) when that Act had been repealed and replaced by Firearms Act 1996 (NSW) – An offence of unauthorised possession of a firearm existed under both Acts – Definition of "firearms offence" under the Search Warrants Act 1985 (NSW) continued to be identified by reference to the repealed Firearms Act 1989 (NSW) – Whether offence sufficiently stated in application – Whether search warrant valid – Savings and transitional provisions in Sched 3 to the Firearms Act 1996 (NSW).

Police – Search warrants – Object of search and boundaries of search warrant unambiguous – Nature of offence critical – Whether transitional provisions require reference to repealed Act to be read as reference to corresponding provisions in the Firearms Act 1996 (NSW).

Police – Search warrants – Whether applicant had reasonable grounds for belief in existence on premises of "a thing connected with a particular firearms offence".

Statutory interpretation – Approach to interpretation of provisions regarding search warrants – Generally strict approach to interpretation of enabling provisions – Reasons for such strictness – Whether transitional provisions require reference to repealed Act to be read as reference to corresponding provisions in the Firearms Act 1996 (NSW).

Words and phrases – "a thing connected with a particular firearms offence", "instrument", "corresponding provisions".

Search Warrants Act 1985 (NSW) – ss 4, 5(1)(b).

Search Warrants Regulation 1994 (NSW) – Form 1 in Sched 1.

Firearms Act 1989 (NSW) – s 5.

Firearms Act 1996 (NSW) – s 7(1), item 12 of Sched 3.