Section 16a Firearms Act 1968
Date Updated: January 2012
Title: Firearms
Offence: Possession of 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--
- by means thereof to cause, or
- to enable another person by means thereof to cause, any person to believe that unlawful violence will be used against him or another person.
Legislation: section 16A Firearms Act 1968
Mode of Trial: Indictable only
Statutory Limitations & Maximum Penalty:
- Specified offence under CJA 2003
- 10 years imprisonment
- From 6 April 2007, VCRA 2006 s30(2)(b)(iii) imposes a minimum term in accordance with s51A 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
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.
Relevant Sentencing Case Law
R v Mercredi (1997) 2 Cr.App.R.(S) 204
Pointed an imitation firearm at a receptionist on a visit to her probation officer. 12 months imprisonment
R v Thomson (1997) 2 Cr.App.R.(S) 188
The Aunt of a suspected burgler was threatened with an air pistol by the defendant. 2 years imprisonment
R v Friday (1998) 1 Cr.App.R.(S) 143
19 year old stopped by police early hours of morning carrying a blank firing gun and blank cartridges. He claimed it was for protection as he had been threatened. 4 months YOI
R v Marney (2002) 1 Cr.App.R.(S) 118
Defendant had a loaded pistol and a telescopic rifle with over 300 rounds of ammunition following a feud with a rival. Sentenced to 8 years imprisonment
R v Massey (1998) 1 Cr.App.R.(S) 206
Defendant had an air weapon and combat knives and chased a prostitute. 8 months imprisonment
R v Roker (1998) 2 Cr.App.R.(S) 254
Defendant produced a stolen imitation handgun outside a pub and threatened people. 3 years imprisonment
R v Steele (1999) 1 Cr.App.R.(S) 369
Domestic dispute with an ex girlfriend where the defendant pointed a starting pistol at victim. 9 months imprisonment
R v Thompson (1999) 2 Cr.App.R.(S) 292
Defendant threatened a patron in a public house with an empty air pistol. 4 months YOI
R v Corry (2000) 1 Cr.App.R.(S) 47
Defendant attended home of victim and after pointing sawn off shotgun at him fired at the door. 5 years imprisonment
R v Carey (2000) 1 Cr.App.R.(S) 179
Police attended street following reports of gun fire. On arrival they were shot at and found the defendant in possession of an air rifle and pellets. 2 years imprisonment
R v Hinchcliffe (2000) 1 Cr.App.R.(S) 436
Defendant was drunk and took a taxi ride home. He then collected a replica handgun and ammunition and proceeded to cock the weapon in front of the taxi driver. He was initially given a CSO and on appeal given 2 years imprisonment but reduced to 12 months because of double jeopardy element.
R v Porter (2001) 1 Cr.App.R.(S) 70
An argument ensued over a car alarm where the defendant produced and pointed a sawn off shotgun. 4 years imprisonment.
R v Crawford (2001) 1 Cr.App.R.(S) 35
The defendant had an altercation in a pub and on four occasions produced a blank firing gun and on one occasion disharged the weapon. 3 years imprisonment.
R v Mernin (2001) 2 Cr.App.R.(S) 6
Defendant entered a petrol station and asked the attendant what they would do if he had a gun and wanted money from the till. The panic alarm was struck and the defendant decamped brandishing a blank firing imitation hand gun. 3 years imprisonment.
R v Doyle (2001) 2 Cr.App.R.(S) 3
Female entered an off licence and was refused drink. She produced a handgun and fired a ball bearing in the direction of the proprietor. 3 years imprisonment
R v Poggiani (2002) 2 Cr.App.R.(S) 6
Neighbour fired a cap gun in the street to scare off children playing near a vehicle. Father of a chikld scared by this later produced a toy gun and held it to the 6 year old dson of the neighbour and said "bang your dead". 6 months imprisonment
R v Hall (2002) 1 Cr.App.R.(S) 57
The defendant saw a friend knocked out in a fight and returned brandishing a replica blank firing pistol. He chased one of the group and using the gun obtained the names of the other offenders. 9 months imprisonment
R v Hochard (2002) 1 Cr.App.R.(S) 103
French lorry driving brandished an imitation firearm at another driver following a road rage incident whilst the defendant was driving in the UK. On appeal appropriate sentence was one of 15 months but reduced to 9 due to double jeopardy.
R v Nixon (2002) 2 Cr.App.R.(S) 23
Defendant fired starting pistol from moving vehicle and later discharged it towards three men in the street. 12 months imprisonment.
R v Ings (2003) 1 Cr.App.R.(S) 93
Defendant fired twice at a doorman with a clank firing starter pistol. 12 months imprisonment
R v Duffy (2005) 1 Cr.App.R.(S) 75
Defendant started a siege with a female hostage and brandished a toy gun threatening to shoot police officers. 5 years imprisonment
R v Lennon (2006) 1 Cr.App.R.(S)
Defendant ejected from a bar and produced a live firing handgun. He discharged the weapon 3 times and one of the rounds entered the club but missed all of the patrons. The weapon was never recovered. 6 years and 6 months imprisonment.
R v Gilman (2006) 2 Cr.App.R.(S)
Defendant approached boys playing football by his garage and brandished an imitation handgun. He held it to the head of a 16 year old boy and threatened to shoot him. 9 months imprisonment
Attorney General's Reference No.35 of 2007 (Mark John Hird) [2008] 1 Cr.App.R.(S.)
D pleaded guilty to possessing an imitation firearm with intent to cause fear of violence, contrary to the Firearms Act 1968 s.16A. D entered a bar in a public house where a man with whom he had a history of friction and violence was sitting. D walked up to the man and produced what appeared to be a black handgun, which the man believed to be real. D pushed the gun against the man's head and shouted "what does it feel like to die?" Other customers intervened and the other man fled to the toilets. A woman, fearing for her own life and that of her two children began to scream. D appeared to say "you are all going to die". Threats were made to other persons present. The offender was arrested and found to be drunk. The gun was recovered from an associate of D. It was found to be an air pistol which had been designed as an accurate replica of a service pistol. The weapon, when complete, was capable of inflicting a severe wound. Sentenced to a community order with a requirement to perform 100 hours unpaid work. Double jeopardy is, a very relevant factor in a case such as the present where D has first before sentence been tagged for a significant period, but, more particularly, has served over a quarter of the community penalty that was imposed upon him and now faces an immediate prison sentence.
Sentence altered to 12 months' imprisonment
Shepherd [2008] 1 Cr.App.R.(S.) 303
D pleaded guilty to possessing an imitation firearm with intent to cause fear of violence, and to common assault and putting a person in fear of violence by harassment. D was living at the home of his ex-wife when an argument broke out between them as a result of which D D pushed his ex-wife who suffered bruising. At about the same time D sent a number of text messages to a woman with whom he had previously had a relationship. One of the text messages said "are you ready to die" and another sent a picture of an apparently real gun with the words "now who's joking kid". Police officers were called to the scene and came face-to-face with the appellant who was in his car. D lent out of the window of his car and pointed a handgun at the officers. The officers warned D to put his gun down, but D continued to point the gun in the direction of the officers and said "somebody is going to die". Shots were fired at D two of which struck his arm, causing him to drop the gun. The gun was later found to be an imitation firearm that fired plastic pellets. D was found to have a blood alcohol level of 178 milligrams. Sentenced to six years' imprisonment for possessing an imitation firearm with intent to cause fear of violence, with three months' and 12 months' imprisonment concurrent for the other offences
R. v Coutts [2009] 1 Cr.App.R.(S.) 578
D pleaded guilty to possessing an imitation firearm with intent to cause fear of violence. Two women walking down a street heard a child shout that D had a gun. They saw D standing nearby with three children. D shouted verbal abuse and produced what appeared to be a gun from his trousers. He then walked up to one of the women and waved the gun in her face. The woman thought the gun was plastic but D said that it was real and that it did fire. He then pushed the gun into a child's side and against his ribs. The two women then spoke to D who said that he had been receiving nuisance calls and had taken the gun out for protection. He then put the gun away and left the area. Police officers searched the D's home and found the gun under a duvet. It was incapable of being fired. Sentenced to 18 months' imprisonment. Allowing full credit for guilty plea, sentence reduced to 12 months
R. v Oddy [2009] 2 Cr.App.R.(S.) 528
D pleaded guilty to possession of a firearm with intent to cause fear of violence. D was married to the victim, but the marriage had deteriorated and they had separated. On the evening of the offence, the victim was at home with her two sons, her elder son's partner and a three-day-old grandchild when the appellant arrived at the home and let himself in. He stayed for a short period. About three hours later D returned to the house armed with a loaded gun. He let himself in through the front door and began an argument with the victim, during which he produced the gun, pointed it at the victim and then fired it above her head, causing a bullet hole in the wall behind her. Friends of the victim who were present in the house persuaded D to leave and there was no further violence. Sentenced to seven years' imprisonment.
"Looking at the cases themselves of the appellants in Avis & Ors , it seems to us that the appropriate sentence level was 8 years' imprisonment. Of course he was entitled to some reduction for his plea and we feel that 25 per cent was the appropriate figure. Accordingly, we do feel that the actual sentence passed was by some 12 months too long and we propose to allow the appeal to that limited extent and reduce the sentence from one of 8 years to one of 6 years."
R. v Webber [2011] 1 Cr.App.R.(S.) 204
D was convicted of possessing an imitation firearm with intent to cause fear of violence. D had been engaged to a woman for about 3 and a half years, and they had a son. The woman was asleep in her flat when she was awoken in the early hours of the morning by the banging of the front door. D appeared at her bedroom door. The woman saw D take a silver coloured hand gun from a bag and place it in the waistband of his trousers. The gun was BB gun which was capable of firing low velocity plastic missiles, but the gun was not loaded at the time of the incident. Eventually an argument developed and D made what the woman understood to be a threat to shoot her. Police officers arrived and D from the flat, leaving the gun in an adjoining garden. Sentenced to 30 months' imprisonment.
Ancillary Orders:
- Forfeiture orders
- Destruction orders
