Williamson, R. v

Williamson, R. v

The pistol in question was incapable in law of being a firearm or component part thereof under the Firearms Act 1968, as clarified by R v Bewley; therefore, the conviction for possession of a prohibited firearm could not stand.

Parties
Appellant: Trai Williamson; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
02 August 2012
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction
Outcome
appeal allowed in part; conviction on count 1 quashed; convictions and sentences on counts 2 and 3 upheld
Legal Topics
Firearms, Possession of Prohibited Weapon, Interpretation of Firearms Act 1968, Component Parts of Firearms

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Parties

Trai Williamson

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction

  1. 1 Whether the converted blank-firing pistol constituted a firearm or component part thereof under section 57(1) of the Firearms Act 1968
  2. 2 Whether the conviction for possession of a prohibited firearm was sustainable in light of R v Bewley [2012] EWCA Crim 1457

Ratio Decidendi

The pistol in question was incapable in law of being a firearm or component part thereof under the Firearms Act 1968, as clarified by R v Bewley; therefore, the conviction for possession of a prohibited firearm could not stand.

Court Disposition

appeal allowed in part; conviction on count 1 quashed; convictions and sentences on counts 2 and 3 upheld

Orders

  • Conviction for possession of a prohibited firearm (count 1) quashed
  • Convictions and sentences for possession of controlled drugs with intent to supply (counts 2 and 3) remain