Pommell, R. v [1995] EWCA Crim 7 (16 May 1995)

Pommell, R. v [1995] EWCA Crim 7 (16 May 1995)

The defence of necessity or duress of circumstances was open to the appellant in respect of his acquisition of the gun; the judge should have left the issue to the jury, as the delay in going to the police and the appellant's explanation were matters for the jury to assess. The judge erred in ruling out the defence before evidence was heard.

Citation
[1995] EWCA Crim 7
Parties
Defendant: Appellant; Prosecution: Crown
Jurisdiction
England and Wales
Judgment Date
16 May 1995
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
convictions on first indictment set aside; new trial ordered
Legal Topics
Firearms Offences, Defence of Necessity, Duress of Circumstances
Criminal Law Firearms Offences Defence of Necessity Duress of Circumstances

Case Brief

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Parties

Appellant

Defendant

Crown

Prosecution

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the defence of necessity or duress of circumstances was available to the appellant for possession of a firearm and ammunition under the Firearms Act 1968
  2. 2 Whether the trial judge erred in ruling out the defence before evidence was heard

Ratio Decidendi

The defence of necessity or duress of circumstances was open to the appellant in respect of his acquisition of the gun; the judge should have left the issue to the jury, as the delay in going to the police and the appellant's explanation were matters for the jury to assess. The judge erred in ruling out the defence before evidence was heard.

Court Disposition

convictions on first indictment set aside; new trial ordered

Orders

  • Fresh indictment to be preferred within two months
  • Appellant to remain in custody pending retrial