Deyemi & Anor, R v [2007] EWCA Crim 2060 (13 August 2007)

Deyemi & Anor, R v [2007] EWCA Crim 2060 (13 August 2007)

Section 5(1) of the Firearms Act 1968 creates an absolute offence of strict liability; the prosecution need only prove possession of the object and that it is a prohibited weapon, regardless of the defendant's knowledge or belief as to its nature. This interpretation does not contravene Articles 6 or 7 of the...

Source-derived case information.

Citation
[2007] EWCA Crim 2060
Parties
Appellant: R; Respondent: Danny Deyemi; Respondent: Annie Edwards
Jurisdiction
England and Wales
Judgment Date
13 August 2007
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Strict Liability, Firearms Offences, Mens Rea, European Convention on Human Rights, Interpretation of Statutes
Criminal Law Strict Liability Firearms Offences Mens Rea European Convention on Human Rights Interpretation of Statutes

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Summary, issues, holding and outcome

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Parties

R

Appellant

Danny Deyemi

Respondent

Annie Edwards

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether section 5(1) of the Firearms Act 1968 creates a strict liability offence
  2. 2 Whether lack of knowledge of the nature of the object provides a defence
  3. 3 Whether strict liability under section 5(1) contravenes Articles 6 and/or 7 of the European Convention on Human Rights

Ratio Decidendi

Section 5(1) of the Firearms Act 1968 creates an absolute offence of strict liability; the prosecution need only prove possession of the object and that it is a prohibited weapon, regardless of the defendant's knowledge or belief as to its nature. This interpretation does not contravene Articles 6 or 7 of the European Convention on Human Rights.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Extension of representation order for solicitor and junior counsel granted for pursuing leave to the House of Lords