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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