Douglas Wotherspoon argued that the appellant could not be charged or convicted under s.1(1)(b) of the Firearms Act 1968, as she was in possession of a valid firearm certificate at the time of the alleged offending. The Crown suggested that there was overlap between s.1(1)(b) and s.1(2) of the Firearms Act 1968 and accordingly the offence was correctly charged.
The court concluded that “not only should have proceedings been brought under s.1(2) of the Firearms Act 1968 but could only be brought under that provision”. The proceedings under s.1(2) had long been time barred by virtue of s.127 of the Magistrates’ Courts Act 1980, and the appeal was allowed.
In passing Judgment, the court observed: “We are very grateful, in particular, to Douglas Wotherspoon, counsel for [the appellant] who has invested a great deal of time, energy and effort in pursuing this appeal, and whose researches into the development of firearms legislation have paid dividends for his client.”
