After a judge’s ruling as to strict liability for the possession of a prohibited weapon, the defendants pleaded guilty. They now appealed against conviction. The judge had sentenced them on the basis that liability for possession was strict. Held: Parliament had intended to impose a draconian prohibition on the possession of firearms for the obvious … Continue reading Deyemi and Another, Regina v: CACD 13 Aug 2007

The defendant appealed against his conviction, complaining that the prosecution had failed to disclose before trial, items of evidence pointing to others as possibly responsible. Judges: Lord Mackay of Drumadoon, Lord Hodge, Lord Wheatley Citations: [2013] ScotHC HCJAC – 80 Links: Bailii Statutes: Firearms Act 1968 17(2) 17(5) Jurisdiction: Scotland Cited by: Appeal from – … Continue reading Paul Alexander Macklin v Her Majesty’sAdvocate: HCJ 11 Sep 2013

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

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

The defendant appealed against his conviction for possession of expanding ammunition, on the judge ruling that the offence was one of strict liability. Judges: Hooper, Flaux, Spencer LJJ Citations: [2010] EWCA Crim 2158 Links: Bailii Statutes: Firearms Act 1968 5(1A)(f) Jurisdiction: England and Wales Citing: Cited – Deyemi and Another, Regina v CACD 13-Aug-2007 After … Continue reading Zahid v Regina: CACD 5 Oct 2010

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 weapon, the statutory question was whether any shot, bullet or other missile could be discharged … Continue reading Bewley v Regina: CACD 6 Jul 2012

The Court was asked whether an electric stun gun is capable of being a firearm for the purposes of section 5(1A)(a) of the Firearms Act. Held: The judge’s ruling should have been that a stun gun disguised as a torch is capable of being a firearm within the meaning of the Act. Citations: [2007] EWCA … Continue reading Weaver, Regina v: CACD 10 Oct 2007

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

A firearm certificate was to be construed according to law, and not according to the particular factual situation. A certificate authorising holding a humane killer was no authority to hold a gun but was intended to be used for that purpose only. Citations: Gazette 26-Aug-1998, Times 17-Sep-1998 Statutes: Firearms Act 1968 1 3(2) Jurisdiction: England … Continue reading Regina v Paul: CA 26 Aug 1998

The defendant had been found in possession of the disassembled parts for three prohibited automatic firearms. Held: The appeal failed despite the fact that the ability of the carbines to fire automatically required an operation of some delicacy achieved only by an expert in re-assembling the parts. Citations: [1983] 76 Cr App R 53, [1982] … Continue reading Regina v Pannell: CACD 1982

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

Appeal from conviction on 22 counts of possessing, purchasing or acquiring, manufacturing, selling or transferring a prohibited weapon, contrary to section 5(1) (b) of the Firearms Act 1968. He had sold guns which were incapable of firing bullets, but the blockage of the barrel allowed the discharge of irritant gases and hot burning gases fired … Continue reading Regina v Rhodes: CACD 20 Jan 2015

The defendant appealed against a conviction for possession of a prohibited weapon, namely an MAC 10 submachine gun. It was the opinion of an expert at that laboratory that the weapon was capable of burst fire. It had been adapted to prevent this, but the adaptation was not fully effective with the result that it … Continue reading Regina v Law: CACD 1 Feb 1999

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

Appeal from conviction of possessing a prohibited firearm. [2016] EWCA Crim 443 Bailii Firearms Act 1968 5(1)(aba) England and Wales Crime Updated: 13 January 2022; Ref: scu.562017

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

The defendant who lived in Oxfordshire stored his guns at his mother’s property in Surrey because it was more secure. The magistrates held that he was not in possession of the guns in Oxfordshire. The prosecutor appealed. Held: The appeal succeeded. May J said: ‘In my opinion the purpose of section 1 of the Act … Continue reading Sullivan v Earl of Caithness: QBD 1976

The present appeal turns on the meaning and scope of the concept ‘has in his possession’ in the subsection. Held: The court applied the conclusion stated in Sullivan, stating that the notion of what amounted to possession ought to be consistent across all provisions in the 1968 Act formulated in such terms. Lord Justice Mance, … Continue reading Regina v North: CACD 9 Mar 2001

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

The appellant had been convicted of an offence contrary to section 1 of the 1964 Act, of having been found in possession of drugs. Held: (Reid dissenting) The prosecution had only to prove that the accused knew of the existence of the thing and that it was in general not a defence for him to … Continue reading Warner v Metropolitan Police Commissioner: HL 1968

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

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

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