Possession of an imitation firearm success

Rachel Hobba

30 December 2022

Our client was charged with possession of an imitation firearm and possession of class B (cannabis) with intent to supply. 

Our client was stopped by police in a car with another smoking cannabis. Police searched the vehicle and found what appeared to be a firearm in a jump lead box in the boot. Due to the article’s realistic appearance, officers were initially concerned it was a firearm capable of firing deadly bullets. On closer inspection, it was revealed to be a BB gun. Cannabis was also recovered from the vehicle.

Detailed written representations were made, firstly questioning whether the defendant was actually in possession of the BB gun given it was in was in a box in the boot of his car and therefore not readily available, and secondly regarding the defendant’s account for possessing the BB gun. He stated that he had the item in his car as he was moving to another address and had initially bought it to use in a music video. Representations were also made in relation to the drugs offence.

The Crown reviewed the matter and offered no evidence in respect of the firearm and possession with intent to supply charges. The defendant was given a conditional discharge for possession of a class B drug.

Rachel Hobba was the solicitor with conduct if this case.

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