Firearms Prosecution Success

R -v- J

Woolwich Crown Court – 7 July 2010

Client faced an indictment containing one count of possession of an imitation firearm and ammunition in a public place contrary to section 19 Firearms Act.

Circumstances: client arrested in January 2009 in South East London in a vehicle with two others. Car searched and a yellow blank firing Olympic starter pistol found in boot, in its box with ammunition, having been purchased less than half hour before. Client put forward reasonable excuse – namely that it had been purchased for use as a starter pistol in athletics.

Representations made to drop case prior to trial, based on fact it was an unrealistic imitation firearm and came within exemption in Violent Crimes and Disorder Act. Crown rejected reps.

Day one of trial was a voire dire on whether the article was an imitation firearm. He deemed that it was.

HHJ Byers then forced the Crown to review the case, on the basis that client was simply taking article from A to B, having just purchased it and therefore had a reasonable excuse.

It was also pointed out to Crown that the law at the time was such that the purchase of these starter pistols was legal and only became illegal in April 2010. There was an amnesty by police between April and June 2010, which the client had been deprived of participating in due to when he was arrested.

The Crown ultimately offered no evidence.

Solicitor: Leila Rasool; Counsel: Mark Kimsey