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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Books & Journal Articles
  • Preventing successful assassination attacks by terrorists: an environmental criminology approach
    • Núm. 3-3, Septiembre 2017
    • Journal of Criminological Research, Policy and Practice
    • 173-191
    Purpose: The purpose of this paper is to use an environmental criminology and situational crime prevention (SCP) framework to study global assassinations carried out by terrorists. The authors set ...
    ......271-2). The tactic of assassination benefited from advances in weapons technology during the nineteenth century ’ s Industrial Revolution. ... Attacks that use firearms, as opposed to explosives, are more likely to result in a successful ......
  • Report on the Proliferation of Small Arms and Light Weapons Within the Commonwealth
    • Criminal Law Issues
    • Memoranda
    • Commonwealth Secretariat
    • 123-133
    Introduction. Small arms and light weapons as a commonwealth priority. United nations programme of action. Recent initiatives and developments. States' existing obligations under international law....
    ...... the Organisation of American States (OAS) concluded the Inter-American Convention against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives and Other Related Materials (Inter-American Convention). The purpose of the Convention is to "prevent, fight and eradicate ......
  • Mass shootings in Australia and the United States, 1981-2013
    • Núm. 1-3, Septiembre 2015
    • Journal of Criminological Research, Policy and Practice
    • 131-142
    Purpose: – The purpose of this paper is to compare the incidence and main characteristics of mass shooting events in Australia and the USA in the period 1981-2013. Design/methodology/approach: – T...
    ......The time series data were related to changes in firearms regulations in the two jurisdictions. Findings – For Australia, the ... in the USA during the ten-year-period that the US Federal Assault Weapons Ban was effective (1994-2004). This difference between Australia and the ......
  • Compensation for Banned Handguns: Indemnifying ‘Old Property’
    • Núm. 61-2, Marzo 1998
    • The Modern Law Review
    ...... long guns and repeating handguns should be classed as prohibited weapons and, hence banned. 1 The decision raised the practical policy question: ...1 Firearms (Amendment) Act 1988. 2 Firearms Act 1968, Proposals for Reform , Cm 261 ......
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Law Firm Commentaries
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