Source: All England Reporter
Publisher Citation: [2004] All ER (D) 167 (May)
Neutral Citation: [2004] EWCA Crim 1190
Court: Court of Appeal, Criminal Division
Judge:

Pill LJ, Poole J and Sir Charles Mantell
Representation Neil Petersen (assigned by the Registrar of Criminal Appeals) for the defendant.
  David Reid (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 13 May 2004

Catchwords

Criminal law - Firearms - Possession of imitation or real firearm while committing offence - Elements of offence - Mental element - Defences - Duress - Ingredients of offence not established where intent formed only by reason of duress - Proof that substantive offence not committed under duress would prevent reliance on duress for firearm offence - s 18(1).

The Case

An offence of possession of a firearm or imitation firearm with intent to commit an indictable offence, pursuant to s18(1) of the is committed only where the intent is free from duress and, if the intent is or may have been formed only by reason of duress, as defined by law, the ingredients are not established. In circumstances where the indictable offence is separately and additionally charged and the absence of duress has been proved in respect of the intention to commit that offence, it is not be open to the jury to conclude that the s18 offence is affected by duress.

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