Jones, R v [2000] EWCA Crim 3543 (17 February 2000)

Jones, R v [2000] EWCA Crim 3543 (17 February 2000)

Section 17(2) of the Firearms Act 1968 does not require proof of actual commission of a scheduled offence; lawful arrest for such an offence suffices for conviction unless a lawful object for possession is shown.

Citation
[2000] EWCA Crim 3543
Parties
Appellant: Appellant; Respondent: Crown
Jurisdiction
England and Wales
Judgment Date
17 February 2000
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal dismissed
Legal Topics
Firearms Offences, Statutory Interpretation, Scheduled Offences, Lawful Arrest
Criminal Law Firearms Offences Statutory Interpretation Scheduled Offences Lawful Arrest

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Parties

Appellant

Appellant

Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether section 17(2) of the Firearms Act 1968 requires proof of actual commission of a scheduled offence before conviction
  2. 2 Whether lawful arrest for a scheduled offence suffices for conviction under section 17(2)

Ratio Decidendi

Section 17(2) of the Firearms Act 1968 does not require proof of actual commission of a scheduled offence; lawful arrest for such an offence suffices for conviction unless a lawful object for possession is shown.

Court Disposition

appeal dismissed

Orders

  • conviction under section 17(2) of the Firearms Act 1968 upheld
  • sentence of 6 months' imprisonment to run consecutively to 30 months' imprisonment confirmed