Section 16 Firearms Act 1968
Date Updated: January 2012
Title: Firearms
Offence: Possession with intent to endanger life
Legislation: Section 16 Firearms Act 1968
Commencement Date:
Mode of Trial: Indictable Only
Statutory Limitations & Maximum Penalty:
- Specified violent offence for purposes of Section 224 & Schedule 15 CJA 2003
- From 6 April 2007, VCRA 2006 s30(5) imposes a minimum term in accordance with s51A(5) FA 1968 if the weapon used is prohibited under 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) or section 5(1A)(a) of the FA 68 when committing this offence
- Note also Firearms (Sentencing) (Transitory Provisions Order) 2007 (S.I 2007 No. 1324) which states that if the offender is aged at least 18 but under 21 when convicted, the "appropriate custodial sentence" means a sentence of detention under s96 PCC(S)A 2000 but only for offences committed on or after 28 May 2007
- Maximum sentence - life imprisonment
Aggravating and Mitigating Factors
R v Avis [1998] 1 Cr.App.R. 420, CA.
The sentencing court should usually ask itself four questions:
- What sort of weapon was involved? Genuine firearms were more dangerous than imitation firearms; loaded firearms were more dangerous than unloaded firearms. Unloaded firearms for which ammunition was available were more dangerous than firearms for which no ammunition was available. Possession of a firearm for which there was no lawful use (such as a sawn-off shotgun) would be viewed more seriously than possession of a firearm which was capable of lawful use.
- What use had been made of the firearm? It was necessary for the court to take account of all the circumstances surrounding the use of the firearm: the more prolonged and premeditated and violent the use, the more serious the offence was likely to be.
- With what intention (if any) did the defendant possess or use the firearm? The most serious offences under the Act required proof of a specific intent. The more serious the act intended, the more serious the offence.
- What was the defendant's record? The seriousness of any firearms offence was inevitably increased if the offender had an established record of committing firearms offences or crimes of violence.
In addition, where there are offences of s16 committed, the custodial term is likely to be of considerable length and where the four questions cited above yield answers adverse to the offender, terms at or approaching the maximum may, in the event of a trial, be appropriate
Relevant sentencing Guidelines (If any)
Att.-Gen's Ref. Nos 58-66 of 2002 147 SJ 296
In a contested case of simple possession of a firearm together with ammunition with intent to endanger life merits a sentence of between 7-8 years
Relevant Sentencing Case Law
Attorney-General's Reference No. 49 of 1998 (David Chevelleau) [1999] 1 Cr.App.R.(S) 396, CA
Guilty plea to sentences of 30 months' imprisonment for possessing a self loading pistol and ammunition with intent to endanger life varied to six years' imprisonment. The offender admitted acquiring the pistol for his own protection in connection with his membership of a gang.
Attorney General's Reference No. 2 of 2000 (Michael Joshua Hinds) [2001] 1 Cr.App.R.(S) 27,CA
Four years' imprisonment for possessing a loaded pistol with intent to endanger life increased to six years. Police officers searching the address of a man who had been arrested found D who had thrown into a cupboard a sock containing a self-loading pistol. The pistol was loaded and ready to fire.
Attorney General's Reference No.23 of 2008 (Bruce Lee) [2009] 1 Cr.App.R.(S.) 355, CA
D pleaded guilty to possession of a prohibited weapon contrary to the Firearms Act 1968 s.5(1)(aba) and possession of a firearm with intent to endanger life, contrary to s.16. D was seen riding a bicycle and asked by a police officer to stop. The offender rode off on the bicycle followed by the police officer; as the officer rounded a corner in pursuit, the offender fired a single shot from a revolver towards the officer at a distance of between 10 and 15 metres. The shot did not hit the officer. The offender was eventually found by other officers and arrested. He had discarded a bullet-proof vest he had been wearing. In interview the offender said that he had found the loaded revolver in a bush the previous evening. He took it intending to sell it, but also considered using it to commit a robbery. He had only intended to frighten the police officer. He had come to the country to attend the funeral of a cousin who had been shot dead by a rival gang, and was wearing a bullet-proof vest for his own protection. Sentenced to five years' imprisonment on each count concurrent and recommended for deportation. Sentence lenient but not unduly so in the circumstances
Attorney General's Reference No.84 of 2009 (Sahmo Moses Keiron Quain) [2011] 1 Cr.App.R.(S.) 85
The offender was convicted of two counts of possession of a firearm with intent to endanger life. In the early hours of one morning the offender was in a vehicle in possession of a loaded sawn off shotgun. Residents nearby heard the sound of a gun being fired and the words "I shot myself" repeated a number of times. Shortly afterwards the offender got out of a car at a hospital and was found to have gunshot wounds to his stomach. The pellets had come for a 12 bore shotgun. The offender claimed that he was shot by a man who stepped out from behind a tree and pointed a gun at him and fired. The Crown alleged that the offender was storing the gun between layers of clothing when it was accidentally discharged. Six weeks later the offender travelled from his home to an area outside a nightclub in company with four other young men. The offender and his companions were members of a gang and their intention was to confront members of a rival gang. Shortly before the arrival of the appellant and his accomplices, members of the rival gang had been ejected from the club. A fight erupted between the rival gang and the offender's accomplices: the offender took up a position outside the nightclub entrance. The members of the offender's gang were chased across the road and the offender took a firearm from his waistband and aimed it at people outside the nightclub, including members of the rival gang and security staff. He discharged the firearm in their direction. He then ran forwards to get a better position from which to fire, which was closer to the nightclub, and discharge the firearm a second time. The incident was captured on CCTV. After discharging the firearm, the offender was seen running along the pavement and placing the firearm in a bush. He later removed the firearm and disappeared. The offender was arrested with others shortly after the incident. Sentenced to a total of eight years' imprisonment.
The proper sentences for the offences of which this young man was convicted were in relation to the possession of a sawn off shotgun with intent at least 8 years' detention in a young offender institution and in respect of the second offence, coming after the first, in which the firearm was discharged at others, 12 years' detention in a young offender institution.
Attorney General's Reference Nos 14 and 15 of 2006 [2007] 1 Cr.App.R.(S). 40
The court gave some guidance as to the relevance of resentencing where as, as here, an offender has a substantial part of a long determinate sentence remaining to be served, the court concluded the principle of double jeopardy had limited effect, if any, because the anxiety occasioned by the process would be less keenly felt.
Ancillary Orders:
- Forfeiture orders
- Destruction orders
Consider Also:
- Dangerous offender provisions
