Williams, R v

Williams, R v

The conviction stands because the appellant admitted to carrying a 'thing' (a bottle) that could have the appearance of a firearm, and the House of Lords decision in Bentham does not alter the legal position where the object is not part of the body but an independent item.

Parties
Respondent: Regina; Appellant: John Williams
Jurisdiction
England and Wales
Judgment Date
07 June 2006
Procedural Posture
Criminal Appeal / Reference by Criminal Cases Review Commission After Guilty Plea and Prior Appeals
Outcome
appeal dismissed
Legal Topics
Firearms Offences, Imitation Firearms, Robbery, Statutory Interpretation
Criminal Law Firearms Offences Imitation Firearms Robbery Statutory Interpretation

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Parties

Regina

Respondent

John Williams

Appellant

Procedural Posture

Criminal Appeal / Reference by Criminal Cases Review Commission After Guilty Plea and Prior Appeals

Legal Issues

  1. 1 Whether a bottle concealed in a bag can constitute an 'imitation firearm' under section 18 of the Firearms Act 1968
  2. 2 Whether the House of Lords decision in R v Bentham affects the appellant's conviction under section 18

Ratio Decidendi

The conviction stands because the appellant admitted to carrying a 'thing' (a bottle) that could have the appearance of a firearm, and the House of Lords decision in Bentham does not alter the legal position where the object is not part of the body but an independent item.

Court Disposition

appeal dismissed

Orders

  • conviction upheld
  • no certification granted