Rogers v R

Rogers v R

The judge was not entitled to rule as a matter of law that the items were components of a firearm; there was at least an issue of fact for the jury as to whether the removal of the obstruction from the barrel converted the components in the manner alleged; the conviction on count 1 is unsafe and must be quashed.

Parties
Appellant: Simon Rogers; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
15 June 2011
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal allowed; conviction on count 1 quashed; sentence reduced on count 2.
Legal Topics
Firearms, Drug Offences, Sentencing, Interpretation of Statutes
Criminal Law Firearms Drug Offences Sentencing Interpretation of Statutes

Case Brief

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Parties

Simon Rogers

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether component parts of an imitation firearm constitute a firearm under section 57 of the Firearms Act 1968
  2. 2 Whether the judge erred in ruling as a matter of law that the items were components of a firearm
  3. 3 Whether the prosecution was required to prove lethality

Ratio Decidendi

The judge was not entitled to rule as a matter of law that the items were components of a firearm; there was at least an issue of fact for the jury as to whether the removal of the obstruction from the barrel converted the components in the manner alleged; the conviction on count 1 is unsafe and must be quashed.

Court Disposition

Appeal allowed; conviction on count 1 quashed; sentence reduced on count 2.

Orders

  • Conviction on count 1 quashed
  • Sentence on count 2 reduced to 2 years imprisonment