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
The defendant appealed conviction and sentence of 25 years for conspiracy to supply cocaine. He had imported 196kg of cocaine. He said that his defence team had failed to put before the court evidence corroborating his own case which evidence was obtainable. Held: ‘the fact that the jury ask a question does not necessarily mean … Continue reading Javid v Regina: CACD 28 Jul 2006
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 claimant sought to challenge the respondent’s decision on his application for a shotgun certificate. Citations: [2008] EWHC 1909 (Admin) Links: Bailii Statutes: Firearms Act 1968 28 Jurisdiction: England and Wales Licensing Updated: 19 July 2022; Ref: scu.272753
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
Judges: Aikens LJ, Slade LJ, Wadsworth J Citations: [2010] EWCA Crim 1504, [2010] Crim LR 783, [2011] 1 Cr App Rep (S) 72 Links: Bailii Statutes: Firearms Act 1968 5(1)(aba) Jurisdiction: England and Wales Criminal Sentencing Updated: 26 November 2022; Ref: scu.420039
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 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
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 claimants appealed dismissal of their claim for damages for malicious prosecution after the obtaining of a search warrant. Held: The appeals failed. There was no express power to use reasonable force and to temporarily those discovered in premises to be searched in order to execute a warrant under the 1968 Act, but one must … Continue reading Connor and others v Chief Constable of Merseyside Police: CA 22 Nov 2006
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
A firearms dealer must register particulars of every place of business. Registration as firearms dealer does not allow the keeping of firearms outside business. Citations: Gazette 13-Oct-1993, Times 18-Aug-1993 Statutes: Firearms Act 1968 8(1)(1) Jurisdiction: England and Wales Crime, Licensing Updated: 26 October 2022; Ref: scu.86249
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. Citations: Times 04-Feb-1999 Statutes: Firearms Act 1968 5(1)(a) Jurisdiction: England and Wales Crime … Continue reading Regina v Law: CACD 4 Feb 1999
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 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
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
The AG argued that the sentences imposed for conspiracy to possess and distribute prohibited firearms and ammunition, and conspiracy to convert into firearms. They had been produced to sell to drugs dealers to pay of drugs debts. The Crown argued that an effective minimum sentence of five years applied. Held: It was not unusual to … Continue reading Attorney General’s Reference No 48 and 49 of 2010: CACD 20 Oct 2010
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
Citations: [2004] ScotSC 11 Links: Bailii Statutes: Firearms Act 1968 30A(2) Jurisdiction: Scotland Police, Licensing Updated: 03 August 2022; Ref: scu.195198
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
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
The defendant appealed by way of case stated against a decision in his case where he was to be prosecuted for possession of a prohibited weapon, a sawn off shotgun. The court had failed to give him opportunity to make representations as required under the 1998 Act. After committal on an indictable only offence, the … Continue reading Smith v Crown Prosecution Service: Admn 15 Nov 2005
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
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
Challenge to refusal of shotgun certificate. Citations: [2019] ScotSC 15 Links: Bailii Statutes: Firearms Act 1968 Jurisdiction: Scotland Licensing Updated: 28 June 2022; Ref: scu.636723
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 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
Citations: [1999] EWHC Admin 631 Links: Bailii Statutes: Firearms Act 1968 29(2) Police, Licensing Updated: 28 May 2022; Ref: scu.139895
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
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
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
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
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
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
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 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
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
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
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 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 appealed against his conviction for possession of two flash eliminators. He said that a crucial decision had not been left to the jury, namely whether the eliminators might have been used to fit to rifles as welll as automatic guns. Held: ‘it is not only impossible to see how the judge’s ruling, had … Continue reading Yong v Regina: CACD 21 May 2015
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
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
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
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
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
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
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
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
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
P had driven to an auctioneer’s showroom, parked outside and locked the car. He left three sawn-off shotguns inside, and went into the auction house and stood a few feet from S. Police officers had been alerted to the possibility of a robbery and . .
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. . .