Recent Judicial Decisions

DOI10.1177/0032258X9306600114
Published date01 January 1993
Date01 January 1993
Subject MatterRecent Judicial Decisions
7. New Jersey Division of Crimina! Justice Official Statistics 1990.
8. Ibid.
9. NewJersey DivisionofCriminalJustice - Environmental Prosecutions Task Force Budget
Document, February 1989.
10. M.J. Van Altena [Chief Superintendent Dutch Police Service) 'Combating
Environmental Crime: Analogies With The Fight Against Fraud' International Police
Criminal Review Sept/Oct 1987.
11. Taken from correspondence between the author and G. Braunsmann of the Foreign
Relations Branch - Polizei Fuhrungsakademie, Munster, Germany. 1.7.91.
12. Ibid.
13. Ibid letter dated 7.8.91.
14. Taken from correspondence between the author and C.C. Duns, the Deputy National
Commissioner of Police - Rigspolitichefen, Copenhagen, Denmark 23.8.91.
15. Ibid.
16. Ibid.
17. G. Richardson et a! Policing Pollution -A Study
of
Regulation And Enforcement 1982
p.S.
18. Operational Policing Review 1990 p.3.
19. Ibid.
RECENT JUDICIAL DECISIONS
NOT TOO CLOSE
R. v. Pawlicki
[1992]
1
W.L.R.
827 Courtof
Appeal
Twomen werechargedandconvicted oftwocharges involving firearms.
Onerelatedto 'having withthem' unders.l8(l)of theFirearms Act
1968,
theotherto 'possessionof a shortened shotgun'underss.1&4 ofthesame
statute. Longsentences of imprisonment wereimposed and the accused
menappealed againstthe convictions unders.18(1).
Thefactswerethat Pawlicki had drivena car to an auction room and
parked it outside. In the car werethree sawn-offshot guns, two sets of
handcuffs,
masking
tapeand a key ring withseven keys. Thepolice had
been tipped off that a raid was to take place. Pawlicki and the other
accused, Swindell, who was standing in the auction room close to him,
werearrested.
Pawlickimaintained that the contents of the car were not to effect a
robbery. Theywere
merely
acollectionofgunshe hadforrestoration. The
handcuffs were usedin his sexualrelations with his
wife!
Thetapewas
todresswoundsthathisdog hadsuffered. Theotheraccusedsaidhe was
merely an acquaintance of Pawlicki. His flat was searched and two
shotguns werefound ina locked
cupboard.
Pawlicki hada key thatfitted
thatcupboard. Cartridges that fittedone of thoseguns, a
2D-bore,
were
found,
both in Pawlicki's car and in his house.
WhenSwindell was interviewed, be deniedknowledge of the gunsin
the carand of anyplot to stagea robbery. He refusedto commenton the
detailsputto him. A pointwasraisedat the
appeal
thattheevidenceofthe
shotguns inSwindell'sflatand thekeythatfittedthecupboard shouldnot
havebeenadmittedatthetrial, butthis wasrejected. It wasalsosubmitted
at the trialthat there wasinsufficient evidence to go to thejury as to the
joint criminal enterprise. Thistoowasrejected by the Judge.
January 1993 The Police Journal 103

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