Weapons and Firearms in UK Law

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Leading Cases
  • R v Wilkinson and Others
    • Court of Appeal (Criminal Division)
    • 06 Oct 2009

    Guns kill and maim, terrorise and intimidate. That is why criminals want them: that is why they use them: and that is why they organise their importation and manufacture, supply and distribution. Sentencing courts must address the fact that too many lethal weapons are too readily available: too many are carried: too many are used, always with devastating effect on individual victims and with insidious corrosive impact on the wellbeing of the local community.

  • R v Rehman; R v Wood
    • Court of Appeal (Criminal Division)
    • 18 Jul 2005

    However, it is to be noted that if an offender has no idea that he is doing anything wrong, a deterrent sentence will have no deterrent effect upon him. The section makes clear that it is the opinion of the court that is critical as to what exceptional circumstances are. Unless the judge is clearly wrong in identifying exceptional circumstances when they do not exist, or clearly wrong in not identifying exceptional circumstances when they do exist, this court will not readily interfere.

  • R v Avis and Others
    • Court of Appeal (Criminal Division)
    • 16 Dic 1997

    Where imitation firearms are involved, the risk to life and limb is absent, but such weapons can be and often are used to frighten and intimidate victims in order to reinforce unlawful demands. Such imitation weapons are often very hard to distinguish from the real thing—for practical purposes, impossible in the circumstances in which they are used—and the victim is usually as much frightened and intimidated as if a genuine firearm had been used. Such victims are often isolated and vulnerable.

    Save for minor infringements which may be and are properly dealt with summarily, offences against these provisions will almost invariably merit terms of custody, even on a plea of guilty and in the case of an offender with no previous record.

  • R v Reid (Barry)
    • Court of Appeal (Criminal Division)
    • 18 Nov 1975

    If such injury was not intended by the others they must be acquitted of murder; but having started out on an enterprise which envisaged some degree of violence, albeit nothing more than causing fright, they will be guilty of manslaughter.

  • R v Simpson (Calvin)
    • Court of Appeal (Criminal Division)
    • 28 Oct 1983

    " What are offensive weapons? – Section 1(4) defines 'offensive weapon' to mean 'any article made or adapted for use for causing injury to the person, or intended by the person having it with him for such use by him'.

  • R v Bentham
    • Court of Appeal (Criminal Division)
    • 19 May 1972

    The intention with which a man wounds another or detonates an explosive is an intention which accompanies the act; but possession is not an act done at a particular moment, it is a continuingstate of things, and in our view the intention to endanger life is something which may last as long as the possession lasts. It cannot therefore be limited to an intention to endanger life immediately.

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Legislation
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Books & Journal Articles
  • Testing the police model for the handling and use of firearms against non-police subjects
    • Núm. 17-1, Marzo 2015
    • International Journal of Police Science and Management
    The use of firearms is an integral part of the police profession. The use of a gun, for example a standard firearm, imposes upon the user the need to know the relevant legal regulations (police aut...
    ......weapons). Students from three year groups at the Faculty of Security in Skopje (Former Police Academy) participated in the research. The results show ......
  • Norwegian police students’ attitudes towards armament
    • Núm. 17-3, Septiembre 2015
    • International Journal of Police Science and Management
    Whether the police should routinely carry firearms is an ongoing debate in Norway. Although the police can carry weapons under special circumstances and currently are temporarily armed, the normal ...
    ......firearms is an ongoing debate in Norway. Although the police can carry ...asking, ‘Should the police always carry weapons while . ......
  • The Criminal Use of Firearms in New Zealand
    • Núm. 32-1, Abril 1999
    • Journal of Criminology (formerly Australian and New Zealand Journal of Criminology)
    Early In 1997 a survey was conducted on 51 New Zealand prison inmates who had been convicted of illegal possession of a firearm, aggravated robbery with a firearm and murder with a firearm. Respond...
    ...... had been imprisoned and in seventy percent of cases the weapon had a sawn off butt or barrel.The next most common weapons used were pistols and rifles. Usage of military semi-automatics was rare.This research confirms that there is a large pool of ......
  • Machetes and Firearms: The Organization of Massacres in Rwanda
    • Núm. 43-1, Enero 2006
    • Journal of Peace Research
    This article is a quantitative study of the use of machetes and firearms during the 1994 genocide in Rwanda, Kibuye Prefecture. The machete is an agricultural tool o...
    ...... genocide (location of atrocities, point in time during the genocide) determined the per- petrators’ use of modern rather than traditional weapons to kill individual victims. An original database developed by the organization of the survivors of the genocide (IBUKA) is used. The data were ......
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Law Firm Commentaries
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