Firearm with Intent dropped Colindale Police Station 2023

AuthorJames O'Donnell

Man cleared of possession of firearm with intent to cause fear of violence accusations at Colindale Police Station 2023

Our client was accused of possessing a firearm with intent to cause fear of violence to his neighbours. It was alleged at Colindale Police Station that on the date in question the client:

Presented a handgun
Presented bullets
Presented these items in a threatening manner towards a neighbour following an argument
Did so in a shared hallway
The only evidence came in the form of the alleged victim calling the police and body-worn footage from officers attending the scene afterwards.

The defendant’s case to the Police at Colindale Police Station was that he has never seen a firearm let alone possessed one. The defendant asserted that he did not even step outside of his flat that morning as he had two friends staying. The defendant did not argue with a neighbour and was on the phone at the time of the incident. He asserted that his phone record would prove this. He could hear a commotion in the hallway, believing it to be a vacuum cleaner, and subsequently believed the police arrested the wrong suspect or that the allegations were false.

This offence is serious and specified. If you are facing similar allegations at Colindale Police Station you can receive free and independent legal advice from a Solicitor in interview and representation.

What is the Law For Firearms Offences In The UK?

Section 16A of the Firearms Act 1968 defines the specific offence as follows:

Possession of a firearm with intent to cause fear of violence

It is an offence for a person to have in his possession any firearm or imitation firearm with intent—

(a)by means thereof to cause, or

(b)to enable another person by means thereof to cause any person to believe that unlawful violence will be used against him or another person.

What Is a Firearm?

A Firearm is defined in section 57 of the Firearms Act 1968 to mean:

(a)a lethal barrelled weapon (1B) of any description from which a shot, bullet or other missile, with kinetic energy of more than one joule at the muzzle of the weapon, can be discharged

(b)a prohibited weapon;

(c)a relevant component part in relation to a lethal barrelled weapon or a prohibited weapon (see subsection (1D));

(d)an accessory to a lethal barrelled weapon or a prohibited weapon where the accessory is designed or adapted to diminish the noise or flash caused by firing the weapon;

What Is The Sentence For A Firearms Offence In The UK?

This specific offence is indictable only and carries a maximum sentence of 10 years in custody. The offence of carrying a firearm without the element of intention is an offence which carries a mandatory minimum sentence of five years imprisonment under section 5 of the Firearms Act 1968. This mandatory minimum cannot be reduced by a guilty plea.

There are eight categories of offences under the Firearms Act 1968 including possessing, purchasing and carrying firearms, prohibited weapons and imitation firearms.

There are therefore two elements to this specific offence.

Firstly, that a firearm was in the defendant’s control or custody. This involves assessing whether there was a firearm present and what type of firearm it was. Culpability for this element of the offence is deemed more serious with the presence of ammunition and the subsequent ability to use the firearm lethally. Therefore the accusation of the presence of a firearm and ammunition would have rendered the defendant eligible for the mandatory minimum sentence if the objects had been found.

Secondly, intention must be proven. This involves proving that there was an intention to endanger life or cause fear of such. This involves assessing the defendant’s conduct and whether it involved a criminal purpose. Intent could be indicated by various factors including the firearm being loaded or various words and threats. Proving intention would render the sentence higher than the statutory 5 years under section 311 and Schedule 20 of the Sentencing Code.

Thereafter, the courts would assess the harm caused to any victim, including psychological, to determine the sentence.

In this instance, our client put forward the defence of factual denial asserting the allegations to be malicious and false. We therefore instructed him to put forward his credible account in his police interview. Subsequently, the police determined that there was no evidence of possession of a firearm, nor of any intent to use one, and our client was released with no further action.