The defendant appealed by case stated against a decision that a dummy revolver which was not capable of firing a bullet or other missile was a firearm within the meaning of section12(1) of the 1920 Act or, alternatively, all the parts of the dummy other than the solid barrel were parts of a firearm. The dummy shared the characteristics of the starting pistol in the instant appeal in that there was a vent hole for the escape of gas but, in contrast, no hole had been drilled such as to permit the discharge of a missile.
Held: The appeal failed. A dummy pistol capable of adaptation, in this case by boring the barrel, is either a firearm or is part of a firearm within the meaning of the section.
Lord Hewart CJ said: ‘Everything turns on the definition of ‘firearm’ in the Act of 1920. At the material time the article was incapable of being fired, but a part of it needed alteration to make it suitable for firing. The magistrate has held that the article as a whole is part of a firearm within the meaning of the definition. That is quite a tenable proposition. If something had had to be added to the dummy to make it into a complete revolver, the dummy might be said to be part of a revolver. It seems to make no difference that the decisive part was not to be in addition, but an adaptation of what was already there. It is easier to support the decision from another point of view. The dummy contains everything else necessary for making a revolver except the barrel, and therefore all the other parts of it except those which require to be bored are ‘parts thereof’ within the meaning of the section. The magistrate has not misdirected himself and the appeal must be dismissed.’
Judges:
Lord Hewart CJ
Citations:
[1936] 3 All ER 149
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Bewley v Regina CACD 6-Jul-2012
The defendant appealed against his conviction for possession of a firearm. The crown had been able to make it discharge a pellet only by taking elaborate preparatory steps. ‘There being no dispute but that the starting pistol was a lethal-barrelled . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 08 May 2022; Ref: scu.462424