Regina v Bentham: CACD 5 Dec 2003

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 of his own anatomy, it was common to use expressions which implied just that. The intention of the section was to reflect the situation as perceived by the victim. The section would be construed purposively. That required an interpretation which would leave the defendant properly convicted.


Kennedy LJ, Curtis, Forbes JJ


Times 10-Dec-2003, Gazette 22-Jan-2004


Firearms Act 1968 17(2) 57


CitedRegina v Sloan 1974
(Canada) A man cannot be ‘armed with his own finger’. . .

Cited by:

Appeal fromBentham, Regina v HL 10-Mar-2005
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 . .
Lists of cited by and citing cases may be incomplete.


Updated: 29 April 2022; Ref: scu.188702