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
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
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
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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
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
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
Having been arrested for theft, and found in possession of an imitation firearm, but later being acquitted of theft, the defendant argued he could not be convicted of possessing the firearm if no specified offence was committed. Held: The words of the Act are clear, and required either the commission of an offence or possession … Continue reading Regina v Nelson: CACD 2 Mar 2000
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 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 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
Renewed application for leave to appeal against a conviction for possession of a prohibited firearm, contrary to section 5(1)(aba) of the Firearms Act 1968. Citations: [2012] EWCA Crim 2114 Links: Bailii Statutes: Firearms Act 1968 (5(1)(aba) Jurisdiction: England and Wales Crime Updated: 06 November 2022; Ref: scu.465617
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 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
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
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
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
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
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 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 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
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
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