R v Faulkner
| Jurisdiction | England & Wales |
| Judge | THE LORD CHIEF JUSTICE |
| Judgment Date | 30 May 1972 |
| Judgment citation (vLex) | [1972] EWCA Crim J0530-1 |
| Docket Number | No. 2683/A/71 |
| Court | Court of Appeal (Criminal Division) |
| Date | 30 May 1972 |
[1972] EWCA Crim J0530-1
IN THE COURT OF APPEAL
CRIMINAL DIVISION
Royal Courts of Justice
The Lord Chief Justice of England (Lord Widgery)
Lord Justice Karminski
and
Mr. Justice Bean
No. 2683/A/71
MR. A. NEWMAN appeared as Counsel for the Appellant.
In May of last year at the Central Criminal Court this Appellant was convicted of offences as follows: conspiracy to commit theft, for which he received two years' imprisonment; having a firearm with intent, three years' imprisonment; using a firearm with intent, three years' imprisonment; no firearm certificate twelve months' imprisonment; having articles for theft, twelve months' imprisonment; assault occasioning actual bodily harm three years' imprisonment; and finally assault on a Police Constable, two years' imprisonment. Those were all ordered to be concurrent except for two periods of three years which were consecutive, thus making a total sentence of six years.
The facts of the case were that in the small hours of the morning on a day in November 1970 Police Officers saw two men on a warehouse roof, obviously up to no good. One of the men was seen apparently picking something up on the roof; chase was given and he was eventually caught. In the course of the chase Police Constable Phillips called upon the Appellant to stop, and when he did not, he hit him on the shoulder with his truncheon; he said he did not strike him on the head. The Appellant then turned round with a gun in his hand, saying: "I'll shoot, I'll shoot". Constable Phillips with no little courage, for which he was praised by the Trial Judge, continued to go after him notwithstanding that gun being presented to him. The man ran away and again the Police Officer struck him on the shoulder with a view to stopping him, and again the gun was pointed at the Officer, and the Appellant said: "I'll shoot" but again after a further chase and persistence on the part of the Police Constable he grappled with the Appellant, he fell on the ground and the Appellant then proceeded to beat him over the head with the butt of the gun, and the last thing he remembered was lying on his back in the road with the Appellant on top of him trying to hit him. Happily while this was going on another...
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R v French (Edward Charles)
...it seems that in neither of the two cases to which we have referred was the attention of the Court drawn to the decision of this Court in R. v. Faulkner (1972) 56 Cr. App. R. 594. It was the judgment of Lord Widgery the Lord Chief Justice, Lord Justice Karminski and Mr. Justice Bean. It is ......
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