Gregory, R. v

Gregory, R. v

Section 1(1) of the Firearms Act 1968 creates an offence of strict liability; the appellant was voluntarily in possession of the firearm with intent to keep it, and no defence of duress or necessity was disclosed; the conviction is safe.

Parties
Appellant: Thomas Dennis Gregory; Respondent: Regina (The Crown)
Jurisdiction
England and Wales
Judgment Date
30 June 2011
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction
Outcome
appeal dismissed; conviction upheld
Legal Topics
Firearms Offences, Strict Liability, Duress of Circumstances, Necessity Defence
Criminal Law Firearms Offences Strict Liability Duress of Circumstances Necessity Defence

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Parties

Thomas Dennis Gregory

Appellant

Regina (The Crown)

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction

Legal Issues

  1. 1 Whether section 1(1) of the Firearms Act 1968 creates an absolute or strict liability offence
  2. 2 Whether the defence of duress of circumstances or necessity is available for possession of a firearm

Ratio Decidendi

Section 1(1) of the Firearms Act 1968 creates an offence of strict liability; the appellant was voluntarily in possession of the firearm with intent to keep it, and no defence of duress or necessity was disclosed; the conviction is safe.

Court Disposition

appeal dismissed; conviction upheld

Orders

  • conviction stands
  • sentence remains as imposed