Brackstone v Police [1999] SASC 35

In Brackstone v Police [1999] SASC 35 the appellant was convicted of possession of firearms whilst not holding a licence, and subsequently appealed the conviction and sentence. He argued that he was not obliged to have a licence as the firearms were held by him in the Province of Bumbunga, (an area covering about eight or nine acres) which he claimed seceded from South Australia in 1975, and was an independent province therefore South Australian law did not apply. The appellant explained that the Province of Bumbunga was established by him in pursuance of his desire to retain his British identity, and of which he is the Governor. The court held that there was no evidence produced to support the assertion that this area has achieved statutory recognition as a separate State, and that South Australian law, therefore continues to apply.  The appeal was dismissed and the conviction and fine confirmed.

Click to access brackstone-v-police-1999-sasc-35.pdf

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