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

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


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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