Report on Mandatory Sentences - Law Reform Commission

meaning of the term “produce” is to show or provide for consideration, inspection or use. 128 The fact that
the terms “use” and “produce” are separated by the conjunction “or” suggests that either use or
production will suffice for an offence under section 27. Thus, for instance, a firearm need not be
discharged but may be merely shown for the purpose of section 27.
(ii)
For the Purpose of Resisting Arrest or Aiding Escape or Rescue
4.69 The person using or producing the firearm or imitation firearm must be pursuing the objective of
resisting arrest, aiding his or her escape or rescue, or aiding the escape of another person.
(d) Section 27A of the Firearms Act 1964
4.70 Section 27A of the Firearms Act 1964, as amended, 129 provides that it is an offence for a person
to possess or control 130 a firearm in circumstances that give rise to a reasonable inference that the person
does not possess or control it for a lawful purpose, unless the person does possess or control it for such a
purpose. The Court of Criminal Appeal has considered section 27A on a number of occasions but as
there was a guilty plea in each case, the Court did not have an opportunity to examine the exact
implications of the elements of an offence under section 27A. 131
(i)
Firearm
4.71 The meaning of the term “firearm” has been considered at paragraph 4.65 and will not be
considered again here. It is interesting to note, however, that section 27A may be distinguished from
other provisions of the 1964 Act in so far as it does not refer to imitation firearms.
(ii) Circumstances that give rise to a Reasonable Inference that Possession or Control is not
for a Lawful Purpose
4.72 While the expression is not explained by the 1964 Act, it is clear that what is contemplated is that
the circumstances surrounding the possession or control would allow a reasonable person objectively to
conclude that the possession or control is for the purpose of pursuing an unlawful act. The act of
possessing or controlling the firearm may not be the unlawful act contemplated by section 27A as there
may be situations in which the offender is legally entitled to possess or control the firearm.
(e) Section 27B of the Firearms Act 1964
4.73 Section 27B of the Firearms Act 1964, as amended, 132 provides that it is an offence for a person
to have with him or her, a firearm or an imitation firearm, 133 with intent to commit an indictable offence or
to resist or prevent the arrest of the person or another person. Again, the Court of Criminal Appeal has
considered section 27B on a number of occasions but as there was a guilty plea in each case, the Court
did not have an opportunity to examine the exact implications of the elements of an offence under section
27B. 134
128
129
130
131
132
133
134
The New Oxford Dictionary of English (Oxford University Press, 2001) at 1479.
Section 59 of the Criminal Justice Act 2006.
The meaning of the terms “possession” and “control” have been considered at paragraphs 4.57 and 4.58 and
will not be considered again here.
The People (DPP) v Barry Court of Criminal Appeal 23 June 2008; The People (DPP) v Clail [2009] IECCA 13;
The People (DPP) v Dwyer Court of Criminal Appeal 9 February 2009; The People (DPP) v Walsh Court of
Criminal Appeal 17 December 2009; The People (DPP) v Curtin [2010] IECCA 54; The People (DPP) v
Fitzgerald [2010] IECCA 53; The People (DPP) v Kelly Court of Criminal Appeal 28 June 2010; and The
People (DPP) v Purcell [2010] IECCA 55.
Section 60 of the Criminal Justice Act 2006.
The meaning of the terms “firearm” and “imitation firearm” have been considered at paragraphs 4.65 to 4.66
and will not be considered again here.
The People (DPP) v Heelan [2008] IECCA 73; The People (DPP) v Kelly Court of Criminal Appeal 9
November 2009; and The People (DPP) v Donovan Court of Criminal Appeal 28 June 2010.
144