Kevin Metzger, instructed by M & N Solicitors, secured an acquittal for his client on one count of possession of a prohibited firearm, contrary to section 5(1)(aba) of the Firearms Act 1968 after a 3 day trial at the Birmingham Crown Court.
The prosecution relied on R v Zahid (2010), submitting that a component part of a ‘slam gun’ found in a black bin bag bearing the defendant’s prints ought inevitably to lead to a conviction as this was effectively a strict liability offence.
Kevin persuaded the jury that this was not such a case, arguing that the prosecution must prove knowledge and control of the firearm, or the bag in which it was contained before the jury could be satisfied of guilt (relying on Jenkins v DPP (2020)).
The jury acquitted after a majority verdict direction had been given.