||All England Reporter
|| All ER (D) 19 (Feb)
||Courts Martial Appeal Court
Latham LJ, Forbes and Tugendhat JJ
||Dingle Clark (assigned by the Registrar of Courts-Martial Appeals) for the defendant.
||David Richards (instructed by the Army Prosecuting Authority) for the Army.
||1 February 2007
Firearms - Possession - Prohibited weapons - Component part of prohibited weapon - Gas plug used in machine guns - Whether conclusion that component part being matter for jury - Whether necessary to prove that component part not coming from deactivated weapon - , ss 5, 57 - (Amendment) Act 1988, s 8.
The offence of attempting to sell a prohibited weapon, contrary to s5 of the could be committed whether or not the origin of the component part attempted to be sold was a working or a deactivated weapon. Added to the general public policy that sentences for offences involving firearms should be deterrent sentences was the specific policy consideration where serving soldiers were involved in such offences such that the military authorities quite rightly sought to ensure that any transgression of the prohibitions on, inter alia, selling prohibited material should meet with significant punishment.
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