Source: All England Reporter
Publisher Citation: [2005] All ER (D) 161 (Mar)
Neutral Citation: [2005] UKHL 18
Court: House of Lords
Judge:

Lord Bingham of Cornhill, Lord Steyn, Lord Phillips of Worth Matravers, Lord Rodger of Earlsferry, Lord Carswell

Representation Ben Emmerson QC and Charles Lander (instructed by Canter, Levin & Berg) for the defendant.
  Aftab Jafferjee and Adina Ezekiel (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 10 March 2005

Catchwords

Criminal law - Firearms - Possession of imitation firearm while committing offence - Defendant positioning his hand inside his jacket during robbery so as to make it appear he had a firearm - Defendant's conduct not amounting to possession of imitation firearm - , ss 17(2), (4).

The Case

A defendant who had put his fingers inside his jacket when committing a robbery, to give the appearance of having a gun, should not have been convicted of possessing an imitation firearm during the course of a robbery, contrary to s17(2) of the .

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