R v Lamb (Thomas)
| Jurisdiction | England & Wales |
| Judge | LORD JUSTICE WIDGERY |
| Judgment Date | 25 October 1968 |
| Judgment citation (vLex) | [1968] EWCA Crim J1025-3 |
| Date | 25 October 1968 |
| Court | Court of Appeal (Criminal Division) |
| Docket Number | No. 2488/68 |
[1968] EWCA Crim J1025-3
IN THE COURT OF APPEAL
CRIMINAL DIVISION
Royal Courts of Justice
Lord Justice Widgery
Lord Justice Fenton Atkinson
and
Mr. Justice O'Connor
No. 2488/68
MR. J.R. HOPKIN appeared on behalf of the Appellant.
MR. K. MATHEWMAN appeared on behalf of the Crown.
This appellant was convicted in March 1968 at Nottinghamshire As size of using a firearm to resist lawful apprehension, and he was sentenced to eighteen months' imprisonment and an ancillary order was made with relation to forfeiture of the gun and ammunition.
The offence alleged was said to have occurred on the 21st January of this year, when the appellant was poaching. He was surrounded by three or four gamekeepers, he had a gun in his hand and he fired the gun, though he said it was into the air, and no one was injured as a result.
He comes before this Court appealing against his conviction on a point of law, which arises in this way. 3efore the Magistrates in the committal proceedings the only charge upon which he was committed was one laid under Section 18 of the Offences Against the Person Act 1861, in these terms: "for that he on the 21st day of January, 1968, at Welbeck in the County of Nottingham, unlawfully and maliciously did shoot at Philip Longden, with intent to resist lawful arrest, contrary to Section 18 of the Offences Against the Person Act, 1861."
When he had been committed upon that charge the indictment was prepared, and it included a further charge under Section 18 in similar terms, except that the intent there described was "to do him grievous bodily harm or to maim, disfigure or disable him"; and, in addition, there was included the charge under Section 23 of the Firearms Act of 1937 upon which he was ultimately convicted.
When the matter came before the trial Court the learned trial Judge had himself observed that Section 18 of the Offences Against the Person Act 1861 had been amended in material form since the. 1st January of this year. The amendment is contained in the Third Schedule to the Criminal Law Act of 1967, which makes the following repeal in Section 18. I read the words of the Schedule: "In section 18 the words from 'or shoot' to 'some other', except the words 'with intent to do...
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