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Regina v Rehman; Regina v Wood: CACD 18 Jul 2005

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

Paget, Regina v: CACD 15 Mar 2018

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

Wiggins, Regina (on the Application Of) v Harrow Crown Court: Admn 20 Apr 2005

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

Robinson, Regina v: CACD 17 Nov 2009

Appeal from sentence of 5 years for possession of firearm with a barrel less than 30 centimetres in length, contrary to section 5 of the Firearms Act 1968. Citations: [2009] EWCA Crim 2600 Links: Bailii Statutes: Firearms Act 1968 5 Jurisdiction: England and Wales Criminal Sentencing Updated: 10 June 2022; Ref: scu.430817

Capitao, Regina v: CACD 4 Oct 2018

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

Lobato, Regina v: CACD 19 Dec 2017

Appeal as unduly lenient from sentence of five months imprisonment of possessing an imitation firearm with intent to cause fear of violence. Citations: [2017] EWCA Crim 2305 Links: Bailii Statutes: Firearms Act 1968 16A Jurisdiction: England and Wales Criminal Sentencing Updated: 28 May 2022; Ref: scu.625550

Regina v Crown Court At Cambridge, ex parte Rld Buckland: Admn 13 Jul 1998

There is in law no right to appeal to the Crown Court against a Chief Constable’s refusal to amend the conditions attached to a firearms certificate. The system of applying such conditions was a discrete and separate system. His only remedy was in judicial review. Citations: Times 17-Sep-1998, Gazette 26-Aug-1998, [1998] EWHC Admin 742 Links: … Continue reading Regina v Crown Court At Cambridge, ex parte Rld Buckland: Admn 13 Jul 1998

Castle v Director of Public Prosecutions: Admn 12 Mar 1998

Appeal by case stated from conviction of possession of firearms (air rifles) within five years of release from prison. The court was asked as to whether they were ‘lethal’ Held: The appeal failed: ‘ the Justices were entitled to reach the conclusions they did on the evidence before them. They were entitled to do that … Continue reading Castle v Director of Public Prosecutions: Admn 12 Mar 1998

Chief Constable of Norfolk v Edwards: Admn 19 Mar 1997

Appeal by way of case stated by the Chief Constable of Norfolk against the decision of the Crown Court in which it allowed an appeal against a decision by the Chief Constable to revoke his firearms and shotgun certificates. Judges: Brooke LJ,Blofield J Citations: [1997] EWHC Admin 294, [1997] CLY 4151 Links: Bailii Statutes: Firearms … Continue reading Chief Constable of Norfolk v Edwards: Admn 19 Mar 1997

Attorney General’s Reference No 88 of 2002 (Hahn and Webster): CACD 7 Nov 2003

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

Steed v Secretary of State for the Home Department: HL 26 May 2000

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

Chang, Regina v: CACD 7 Apr 2022

Judges: The Lord Burnett of Maldon Lord Chief Justice of England and Wales Mr Justice Sweeney And Mrs Justice Heather Williams Citations: [2022] EWCA Crim 463 Links: Bailii Statutes: Firearms Act 1968 5(1)(b) Jurisdiction: England and Wales Crime Updated: 30 April 2022; Ref: scu.675604

White v Procurator Fiscal, Perth: HCJ 27 Jan 1999

The defendant challenged his conviction for supplying false information on applying for a shotgun certificate. He had said that he had no convictions, but failed to disclose an adminishment, refusing to add the case to the application, having explained to the constable that he had not been convicted. Held: ‘There may have been an error … Continue reading White v Procurator Fiscal, Perth: HCJ 27 Jan 1999

Gregory, Regina v: CACD 30 Jun 2011

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

Turek v Regional Court In Gliwice Poland: Admn 2011

the issue was whether the conduct relied upon as justifying extradition to Poland would constitute a breach of UK law. The allegation was possession of a gas gun without the required licence. The relevant UK offence was said to be a breach of section 5(1)(b) of the 1968 Act. The expert said there was nothing … Continue reading Turek v Regional Court In Gliwice Poland: Admn 2011

Hamberger, Regina (on The Application of) v Crown Prosecution Service: Admn 20 May 2014

Renewed application for permission to apply for judicial review of a decision of the Crown Prosecution Service to continue with the prosecution of the claimant in relation to conspiracy to supply something over 200 kilos of cannabis resin, and four offences under section 5(1)(b) of the Firearms Act 1968 in relation to the purchase of … Continue reading Hamberger, Regina (on The Application of) v Crown Prosecution Service: Admn 20 May 2014

Jordan, Alleyne and Redfern, Regina v: CACD 14 Dec 2004

The court considered when it might exercise its exceptional circumstances discretion not to order imprisonment of an offender convicted of possession of a firearm. Rose LJ VP CACD, Douglas Brown, Mackay JJ [2004] EWCA Crim 3291, [2005] 2 Cr App R(S) 44 Bailii Firearms Act 1968 51A England and Wales Criminal Sentencing Updated: 27 January … Continue reading Jordan, Alleyne and Redfern, Regina v: CACD 14 Dec 2004

Stewart v Regina: CACD 19 Apr 2016

Appeal against conviction for possession of firearm with intent to endanger life. He said that the court had wrongly allowed evidence of gang associations. Sharp LJ, Warby J [2016] EWCA Crim 447 Bailii Firearms Act 1968 16 England and Wales Crime Updated: 14 January 2022; Ref: scu.562926

Macklin v Her Majesty’s Advocate (Scotland): SC 16 Dec 2015

Appeal against conviction (in 2003) after release of undisclosed material helpful to the defendant, including an eye witness decsription incompatible with the defendant. Held: The court considered the developing issues as to compatibility questions and devolution appeals. The case having already been cnsidered fully by the High Court o Justice inEdinburgh, the present courts jurusdiction … Continue reading Macklin v Her Majesty’s Advocate (Scotland): SC 16 Dec 2015

Commissioner of Police of The Metropolis v Meekey: Admn 12 Jan 2021

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

Dean, Regina v: CACD 7 Oct 2021

possessing a prohibited firearm Lady Justice Simler DBE, Mr Justice Spencer, The Recorder of Liverpool, His Honour Judge Menary QC, (Sitting as a Judge of the Cacd) [2021] EWCA Crim 1588 Bailii Firearms Act 1968 5(1)(aba) England and Wales Criminal Sentencing Updated: 22 December 2021; Ref: scu.669844

Burton, Regina v: CACD 12 Jul 2012

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

Brereton, Regina v: CACD 3 Feb 2012

The defendant appealed against his sentence of four years imprisonment for possession of a disguised firearm, namely a stun gun disguised as a mobile phone, locked in a hidden safe in his home. The minimum sentence prescribed by section 51A was five years. Held: The appeal was dismissed. Though the prosecutor had vacillated between different … Continue reading Brereton, Regina v: CACD 3 Feb 2012

Rollings, Regina v: CACD 3 Feb 2012

The solicitor general appealed against a sentence of five years imposed for possession of a prohibited weapon, a handgun with bullets designed to explode on impact. Held: The sentence was increased to 10 years: ‘This was a case of possession of a loaded firearm with intent. The gun was loaded with particularly dangerous ammunition. The … Continue reading Rollings, Regina v: CACD 3 Feb 2012

Jenkins v Director of Public Prosecutions and Another: Admn 22 May 2020

Short term possession of stun gun The appellant challenged the decision of the justices finding him guilty on summary conviction of an offence of possession of a weapon designed or adapted for the discharge of electrical current for incapacitation contrary to s. 5(1)(b) and Schedule 6 of the Firearms Act 1968. The weapon, namely a … Continue reading Jenkins v Director of Public Prosecutions and Another: Admn 22 May 2020

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

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

Regina v Law: CACD 4 Feb 1999

Whether a firearm was a prohibited weapon as being able to discharge repeatedly with one trigger pull was an objective question as to the capacity of the gun, not subjective as to the intention of the designer or manufacturer of the gun. . .

Regina v Hill: CACD 21 Apr 1999

The equality of maximum sentences between offences does not mean they are of equal seriousness. Possessing a prohibited firearm by a prohibited person is likely to be more serious than possession of a firearm or shotgun without a certificate. . .

Elliott v Chief Constable of Wiltshire and Others: ChD 20 Nov 1996

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