R v Goldsborough

Firearms – Possession. The defendant had pleaded guilty to possession of a prohibited weapon, contrary to s 5(1)(af) of the Firearms Act 1968, in circumstances where he contended that he had legitimately acquired the weapon prior to the coming into force of that provision. The Court of Appeal, Criminal Division, in quashing the conviction, held that, on the true construction of s 39(4) of the Anti-social Behaviour Act 2003, which introduced s 5(1)(af) into the 1968 Act, all that had been required was the obtaining of a firearm certificate and that failure to obtain such a certificate was an offence under s 1 of the 1968 Act and not s 5.

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