Goldsborough v R

Goldsborough v R

Section 39(4) of the Anti-social Behaviour Act 2003 allows continued possession of prohibited air weapons with a firearm certificate; failure to obtain such a certificate constitutes an offence under section 1, not section 5, of the Firearms Act 1968. The statutory language does not support liability under section 5 for those already in possession who fail to obtain a certificate.

Parties
Appellant: Paul Goldsborough; Respondent: R
Jurisdiction
England and Wales
Judgment Date
21 July 2015
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal allowed; conviction quashed
Legal Topics
Firearms Offences, Statutory Interpretation, Transitional Provisions
Criminal Law Firearms Offences Statutory Interpretation Transitional Provisions

Case Brief

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Parties

Paul Goldsborough

Appellant

R

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether continued possession of a prohibited air weapon after 30 April 2004 without a firearm certificate constitutes an offence under section 5(1)(af) or section 1 of the Firearms Act 1968
  2. 2 Interpretation of section 39(4) of the Anti-social Behaviour Act 2003

Ratio Decidendi

Section 39(4) of the Anti-social Behaviour Act 2003 allows continued possession of prohibited air weapons with a firearm certificate; failure to obtain such a certificate constitutes an offence under section 1, not section 5, of the Firearms Act 1968. The statutory language does not support liability under section 5 for those already in possession who fail to obtain a certificate.

Court Disposition

appeal allowed; conviction quashed

Orders

  • conviction quashed
  • no retrial ordered