Deyemi & Anor, R v

Deyemi & Anor, R v

Section 5 of the Firearms Act 1968 creates an absolute offence; the prosecution need only prove possession of the object and that it is a prohibited weapon, not that the defendant knew or could have known its nature. This strict liability does not contravene Articles 6 or 7 of the European Convention on Human Rights.

Parties
Appellant: R; Respondent: Danny Deyemi; Respondent: Annie Edwards
Jurisdiction
England and Wales
Judgment Date
13 August 2007
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Strict Liability, Firearms Offences, Mens Rea, European Convention on Human Rights
Criminal Law Strict Liability Firearms Offences Mens Rea European Convention on Human Rights

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Parties

R

Appellant

Danny Deyemi

Respondent

Annie Edwards

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether Section 5(1) of the Firearms Act 1968 creates a strict liability offence
  2. 2 Whether such strict liability contravenes Articles 6 and/or 7 of the European Convention on Human Rights

Ratio Decidendi

Section 5 of the Firearms Act 1968 creates an absolute offence; the prosecution need only prove possession of the object and that it is a prohibited weapon, not that the defendant knew or could have known its nature. This strict liability 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 purposes of pursuing leave to the House of Lords