Originally Posted by Cam
EDIT: email + attachment sent.
That's Brill !
Ok based on the CPS website (tangible quotable and publically available) and the HO Circular clarifying the intention of the amendments to the Act in 1997.
I'd say that you would have an extremely good case in court to say that Section 5(1)(ab) doesn't apply to SA sub 12 air weapons.
The GTA press release highlights Statute Law but omits this very vital piece of information - a judgement is made not only on Statute Law, but the intention of the law when it was passed.
Since that part of the law was amended in 1997, the HO Circular from 1997 specifically addressing this and stating in no uncertain terms that the omission of an exemption for air weapons from Section 5(1)(ab) was an oversight.
That would be an extremely good defense in court. Not that I'd like to be the one to be stood in front of a judge, but I think if I were - I'd fancy my chances on that one.
It doesn't matter that the HO have changed their view (unsubstantiated 2nd hand hearsay), the fact that HOC 68/97 was officially issued means that forever more it would cast sufficient doubt to any Judge in the land about air weapons being included in Section 5(1)(ab).
Ok... cheers chaps, I'm convinced now.