Steven Micklewright of Kangs Solicitors discusses the case
The Circumstances | Kangs Criminal Defence Solicitors
Our client faced three counts of possession of:
- a prohibited firearm
- a firearm without a certificate
We were confronted with a number of difficulties in the case including:
- the discovery of our client’s fingerprints on one of the firearms and paper used for wrapping.
- one of the defendants pleaded guilty prior to the trial.
The Trial | Firearms Law on Possession | Kangs Criminal Trial Solicitors
- It was never disputed that our client had handled one of the firearms in question and the issue was whether or not simply handling a weapon amounted to possession in law.
- Naturally, the Crown argued that by our client’s very own admission, he was guilty of the offence.
- Kangs Solicitors had identified that a previous case known as Prosecution Appeal; T  EWCA Crim 1646, provided an appealing defence for our client by stating ‘the mere touching or momentary handling of a firearm will not necessarily amount to “possession” of the item’ and this argument was forcefully put to the jury.
- Additionally, it was explained to the Jury how our client had inadvertently picked up the firearm before putting it back in its place.
- The Crown sought to discredit our client’s account and also invited the Jury to draw an adverse inference from the fact that our client had failed to mention his defence to the Police when he was arrested and subsequently interviewed.
Successful Outcome | Kangs Criminal Trial Team
Following less than an hour of deliberations, the jury returned ‘not guilty verdicts’ against our client on all three counts for which, of course, he was extremely grateful.
How Can We Help? | Kangs Criminal Defence Solicitors
Kangs Solicitors are instructed on a regular basis to deal with numerous firearms offences and associated serious organised crime.
If you require any advice or assistance in this area, please feel free to contact our team through any of the following: