REGINA v MICHAEL CHANG

REGINA v MICHAEL CHANG

Section 54 of the Firearms Act 1968 exempts police officers from the offence of possession of prohibited weapons only when acting in their official capacity; the appellant was not acting as such and was properly convicted.

Parties
Respondent: Regina; Appellant: Michael Chang
Jurisdiction
England and Wales
Judgment Date
07 April 2022
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Firearms Offences, Dangerous Driving, Statutory Interpretation, Crown Immunity
Criminal Law Firearms Offences Dangerous Driving Statutory Interpretation Crown Immunity

Case Brief

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Parties

Regina

Respondent

Michael Chang

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether section 54 of the Firearms Act 1968 exempts police officers from prosecution for possession of prohibited weapons when not acting in their official capacity
  2. 2 Whether the overall sentence imposed was manifestly excessive

Ratio Decidendi

Section 54 of the Firearms Act 1968 exempts police officers from the offence of possession of prohibited weapons only when acting in their official capacity; the appellant was not acting as such and was properly convicted.

Court Disposition

appeal dismissed

Orders

  • Appeal against conviction dismissed
  • Application for leave to appeal against sentence dismissed