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
The court set out the sentencing considerations for firearms offences in the light of an increase of the use of guns. Held: The level of sentencing had not sufficiently reflected the gravity of such offences. After the 1994 Act, earlier sentencing cases were not reliable as a guide. The applicable principles are: ‘(1) What sort … Continue reading Regina v Avis, T and others: CACD 16 Dec 1997
The AG referred the sentence of 7 years’ detention as unduly lenient. The defendant had been convicted of possession of a firearm and assisting an offender. He had taken the gun to hide it after a murder. Held: The defendant was part of a gang and the murderer was another member. It would be correct … Continue reading Regina v Yates; Attorney-General’s Reference (No 16 of 2009): CACD 28 Oct 2009
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 (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
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
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The offence of possession of a firearm with intent to enable other to threaten life requires proof of a specific intent. Citations: Times 14-Aug-1996, Gazette 09-Oct-1996 Statutes: Firearms Act 1968 16 Jurisdiction: England and Wales Crime Updated: 08 October 2022; Ref: scu.87012
Adjournment to allow amicus curiae to investigate appropriate sentencing level with apparent error in Current Sentencing Practice guide. Judges: Lord Bingham of Cornhill LCJ, Potts, Butterfield JJ Citations: [1997] EWCA Crim 2284 Links: Bailii Statutes: Firearms Act 1968 16A Jurisdiction: England and Wales Criminal Sentencing Updated: 29 September 2022; Ref: scu.465438
Appeal against convictions for possession of a firearm with intent to cause fear of violence Judges: Keene LJ, Cox DBE, Bean JJ Citations: [2006] EWCA Crim 3408 Links: Bailii Statutes: Firearms Act 1968 16A Jurisdiction: England and Wales Crime Updated: 11 July 2022; Ref: scu.259197
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 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
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
The claimant was stood at her door when she was taken by police officers, an armed gun pointed at her, laid on the ground and her hands bound. She was held for fifteen minutes. She was entirely innocent, but the officers were looking for armed suspects. She complained that the defendant had not dealt with … Continue reading Dennis, Regina (on the Application of) v Independent Police Complaints Commission: Admn 6 May 2008
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 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 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
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
Appeal against refusal of licence to deal in firearms. Hickinbottom J [2015] EWHC 3216 (Admin) Bailii Firearms Act 1968 Police, Licensing Updated: 08 January 2022; Ref: scu.557125
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
Possession of an illegal firearm, contrary to section 5(1)A of the Firearms Act 1968. Lord Justice Coulson, Mr Justice Jeremy Baker [2021] EWCA Crim 1677 Bailii, Judiciary England and Wales Criminal Sentencing Updated: 10 December 2021; Ref: scu.669849
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
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
A general provision creating a new order for lifelong restriction was read as not extending to certain convictions under the Firearms Act 1968, since the sentences applicable to such convictions fell outside the legislative competence of the . .
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. . .
