Ashton, R. v

Ashton, R. v

A gas plug for a general purpose machine gun is a component part of a prohibited weapon under sections 5 and 57 of the Firearms Act 1968, regardless of whether it originated from a de-activated weapon, and the statutory exception does not apply to component parts. The sentence imposed was appropriate given public policy considerations.

Parties
Appellant: Daniel Ashton; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
01 February 2007
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Firearms Offences, Component Parts, De Activated Weapons, Sentencing, Public Policy
Criminal Law Military Law Firearms Offences Component Parts De Activated Weapons Sentencing Public Policy

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Parties

Daniel Ashton

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether a gas plug is a component part of a prohibited weapon under the Firearms Act 1968
  2. 2 Whether the prosecution proved the gas plug was not from a de-activated weapon
  3. 3 Whether the sentence imposed was wrong in principle or manifestly excessive

Ratio Decidendi

A gas plug for a general purpose machine gun is a component part of a prohibited weapon under sections 5 and 57 of the Firearms Act 1968, regardless of whether it originated from a de-activated weapon, and the statutory exception does not apply to component parts. The sentence imposed was appropriate given public policy considerations.

Court Disposition

appeal dismissed

Orders

  • conviction upheld
  • sentence upheld