A firearms dealer must register particulars of every place of business. Registration as firearms dealer does not allow the keeping of firearms outside business. Citations: Gazette 13-Oct-1993, Times 18-Aug-1993 Statutes: Firearms Act 1968 8(1)(1) Jurisdiction: England and Wales Crime, Licensing Updated: 26 October 2022; Ref: scu.86249
Renewed application for leave to appeal from convictions of three counts of aggravated burglary, contrary to section 10 of the Theft Act (count 1), wounding with intent to do grievous bodily harm, contrary to section 18 of the Offences Against the Person Act (count 2) and having a firearm with intent, contrary to section 18 … Continue reading McCotter-Henry, Regina v: CACD 16 Mar 2018
Each defendant had been convicted of firearms offences which were subject to a five year minimum sentence. That minimum had been imposed, but they appealed. Held: In exceptional circumstances, the court should impose a lesser sentence. The provision of a minimum sentence was capable of being arbitrary, particuarly since the section was absolute. The statute … Continue reading Regina v Rehman; Regina v Wood: CACD 18 Jul 2005
Appeal from sentences for possession of prohibited firearm, and possessing a firearm with intent to cause fear of violence, and wounding with intent. Citations: [2018] EWCA Crim 635 Links: Bailii Statutes: Firearms Act 1968 5(1)(aba) 16A, Offences Against the Persons Act 1861 Jurisdiction: England and Wales Criminal Sentencing Updated: 01 July 2022; Ref: scu.624043
Appeal from allegedly lenient sentence Citations: [2018] EWCA Crim 2377 Links: Bailii Statutes: Firearms Act 1968 Jurisdiction: England and Wales Criminal Sentencing Updated: 05 June 2022; Ref: scu.628202
Appeal against a sentence of fourteen months’ detention and training order imposed for a single offence of possessing ammunition without a firearm certificate, contrary to section 1(1)(b) of the Firearms Act 1968. . .
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Judges: Ebsworth J Citations: [1997] EWCA Crim 2826 Links: Bailii Statutes: Firearms Act 1968 18(1) Jurisdiction: England and Wales Crime Updated: 15 October 2022; Ref: scu.465441
Possession of a weapon at the time an indictable offence committed is all that is necessary; no need to show intent to use it. Citations: Times 09-Dec-1997 Statutes: Firearms Act 1968 18 Crime Updated: 09 April 2022; Ref: scu.86587
Appeal against conviction and sentence. Fulford LJ, Flaux, Thirlwell JJ [2015] EWCA Crim 1619 Bailii Offences Against the Person Act 1861 16, Firearms Act 1968 18(1) England and Wales Crime Updated: 05 January 2022; Ref: scu.553635
Reference by the Criminal Cases Review Commission in relation to a plea of guilty by this appellant to an offence of carrying an imitation firearm with intent to commit an indictable offence, contrary to section 18 of the 1968 Act. [2006] EWCA Crim 1650 Bailii Firearms Act 1968 18 England and Wales Crime Updated: 20 … Continue reading Williams, Regina v: CACD 7 Jun 2006
P had driven to an auctioneer’s showroom, parked outside and locked the car. He left three sawn-off shotguns inside, and went into the auction house and stood a few feet from S. Police officers had been alerted to the possibility of a robbery and . .
In the course of a robbery the defendant had held his finger in his pocket to suggest that he was pointing a gun at the victim. He now appealed against a conviction for possession of an imitation firearm. Held: The defendant could not successfully argue that he could not be prosecuted for possessing a part … Continue reading Regina v Bentham: CACD 5 Dec 2003
Possession of a firearms certificate is not a lawful authority to have a shotgun in a public place. Citations: Gazette 26-Oct-1994, Ind Summary 05-Sep-1994, Times 19-Aug-1994 Statutes: Firearms Act 1968 1 19 Jurisdiction: England and Wales Crime Updated: 25 October 2022; Ref: scu.87018
The Attorney-General appealed against a sentence of six years imposed for several prohibited firearms possession offences. The defendant was looking after items which he understood to be illegal, but whose exact nature he did not know. He had been sentenced as a ‘minder’, not an armourer. Held: The sentence was unduly lenient, and was increased … Continue reading Ralphs, Regina v: CACD 3 Dec 2009
The defendant appealed against refusal of bail. He had failed to attend court in time of the day of his trial and said he had overlooked the date. Held: Collins J said: ‘[T]he question of whether bail should be continued or removed in connection with the main proceedings is a matter which does not depend … Continue reading Wiggins, Regina (on the Application Of) v Harrow Crown Court: Admn 20 Apr 2005
Appeal from conviction for possessing imitation firearm when arrested for theft of a sandwich from a supermarket. Held: ‘the words in section 17 appear to be clear and unambiguous. Subsection (1) is directed to the use of a firearm at the time of arrest. Subsection (2), as the judge said, is directed to the carrying … Continue reading Jones, Regina v: CACD 17 Feb 2000
The Attorney General referred the sentences as too lenient for armed robbery, and aggravated vehicle taking. The defendants worked as a team, and used an imitation firearm, and threatened a victim with it. Held: The possession of firearms should be regarded as an aggravating feature in relation to other offences. When passing sentence, it is … Continue reading Attorney General’s Reference No 88 of 2002 (Hahn and Webster): CACD 7 Nov 2003
The claimant surrendered guns and ammunition under the 1997 Act, and was due to be compensated. His claim was not settled, and he commenced an action in the County Court for the sums claimed. The defendant denied any duty to pay up within a reasonable period, and asserted that any claim must be by way … Continue reading Steed v Secretary of State for the Home Department: HL 26 May 2000
Appeal by case stated against conviction for possession of firearm – BB gun – whether imitation firearm. Citations: [2006] EWHC 2183 (Admin) Links: Bailii Statutes: Firearms Act 1968 57(4) Jurisdiction: England and Wales Crime Updated: 05 May 2022; Ref: scu.244854
Albeit an offender who commits a robbery or other offence while carrying a firearm must normally expect a consecutive sentence for the offence of carrying that firearm, ‘No doubt the sentencer is entitled in his discretion to follow the course of imposing concurrent sentences provided of course that the gravity of the criminal conduct of … Continue reading Regina v Bottomley: CACD 1985
Whilst s.17(2) and Schedule 6 of the Firearms Act 1968 do not on their true construction require the imposition of a consecutive sentence for possession of a firearm in the course of committing an offence listed in Schedule 2, it should be the norm to do so, while at the same time having regard to … Continue reading Regina v McGrath: CACD 1986
Appeal against conviction following a guilty plea entered after a ruling that section 1(1) of the Firearms Act 1968 created an absolute offence, pleaded guilty on re-arraignment to possessing an altered firearm without a firearm certificate, contrary to section 1(1)(a) of the Firearms Act 1968, and possessing a firearm when prohibited, contrary to section 21(1) … Continue reading Gregory, Regina v: CACD 30 Jun 2011
The claimant had been convicted and served his time for possession of a large collection of obsolete or antique firearms. He now sought their return. The police replied that he was in any event out of time. Held: ‘Section 3(2) of the 1980 Act is, at least in the context of that Act, a somewhat … Continue reading Commissioner of Police of The Metropolis v Meekey: Admn 12 Jan 2021
In the course of a theft, the defendant had held his fingers in his pocket so as to suggest that he had a gun. He appealed conviction for possessing an imitation firearm. Held: ‘Rules of statutory construction have a valuable role when the meaning of a statutory provision is doubtful, but none where, as here, … Continue reading Bentham, Regina v: HL 10 Mar 2005
Appeal against sentence of four years’ imprisonment for being in possession of a prohibited firearm contrary to section 5(1)(aba) of the Firearms Act 1968 and to nine months’ concurrent for being in breach of a suspended sentence order under which he had been sentenced to 12 months’ imprisonment suspended for 18 months. He had attempted … Continue reading Burton, Regina v: CACD 12 Jul 2012
Scots Bills were Outwith Parliament’s Competence The AG questioned the constitutionaliity of Bills designed to give effect to two treaties to which the UK is a signatory, and passed by the Scottish Parliament as to the care of children. Held: The laws had effect also outside Scotland purporting to pre-empt the power of the UK … Continue reading References (Bills) By The Attorney General and The Advocate General for Scotland – United Nations Convention On The Rights of The Child and European Charter of Local Self-Government: SC 6 Oct 2021
Vice-Chancellor was asked to consider whether to strike out a statement of claim based upon alleged misfeasance by a police officer in his public office. The allegation against the police officer was that he had deliberately and falsely supplied details of convictions to the press. The point taken was that it was not concerned with … Continue reading Elliott v Chief Constable of Wiltshire and Others: ChD 20 Nov 1996
