The first defendant held a shotgun certificate and owned two shotguns. He left them at the home of the second defendant, who had no certificate, while they and their families went on holiday together. On their return, the second defendant agreed to clean the guns but, before he returned them, the police intervened. The first defendant was charged with transferring without a dealer’s license, and the second defendant was charged with possession. The justices acquitted both men.
Held: Whether a person is in possession of a weapon is a question of fact; possession can be proprietary and/or custodial. A person does not have to have physical control of the firearm nor does she/he have to be present in the place where the firearms are kept in order to be in possession of them.
Judges:
Stocker LJ
Citations:
[1987] QB 504
Jurisdiction:
England and Wales
Cited by:
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 10 July 2022; Ref: scu.651060
