Queen v Esmaily (Amir Ali)
| Jurisdiction | Northern Ireland |
| Judge | Stephens J |
| Judgment Date | 14 May 2010 |
| Neutral Citation | [2010] NICC 20 |
| Court | Crown Court (Northern Ireland) |
| Date | 14 May 2010 |
Neutral Citation No. [2010] NICC 20 Ref:
STE7838
Judgment: approved by the Court for handing down Delivered:
14/05/10
(subject to editorial corrections)*
IN THE CROWN COURT SITTING IN BELFAST
_________
THE QUEEN
-v-
AMIR ALI ESMAILY
________
STEPHEN J
[1] Amir Ali Esmaily you have pleaded guilty to possession of a firearm
and ammunition in suspicious circumstances contrary to Article 64(1) of the
Firearms (Northern Ireland) Order 2004. The particulars of the offence are
that between 12 July 2008 and 19 July 2008 you had in your possession an
AKM 7.62 x 3.9 millimetre calibre assault rifle and an AKM type magazine
containing six rounds of 7.62 x 39 calibre ammunition under circumstances
such as to give rise to a reasonable suspicion that you did not have them in
your possession for a lawful purpose.
Factual background
[2] The factual background has been outlined to the court by Mr Ramsey
QC who appeared with Ms Kitson on behalf of the prosecution. You are a
university student living in Belfast. Your mother is disabled, and though she
resided in the Republic of Ireland, she also had and continues to have a home
in Londonderry. You kept in contact with your mother visiting her in
Londonderry. The house in Londonderry was known to be unoccupied for
long periods of time. On 13 July 2008 during a visit you checked the boiler in
the external unlocked boiler house and you found a taped up package. There
was nothing of any substance inhibiting members of the public from gaining
access to the boiler house. The package was taped up in such a way that the
outline of the contents was discernible. You lifted the package and then
replaced it where you had found it. You recognised that this package
contained a weapon with the outline of an assault rifle. The package also
contained 6 rounds of ammunition though you were unaware of this at the
time. You handled the package containing the weapon once. There is no
suggestion that you were responsible for or played any part in placing the
weapon and ammunition there. You are absolved of any responsibility for
the presence of the weapon and ammunition and indeed you had and have no
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1 cases
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Queen v Edward Corr - Director of Public Prosecution's Reference (Number 4 of 2018)
...in relation to another 10 fingerprint which led to the arrest of a prosecution witness. He referred to the case of R v Esmaily [2010] NICC 20 where the offender had not entered his plea at the earliest stage but was nonetheless given full discount for his plea because he did not dispute the......