A man's conviction and ten year jail sentence for possessing a handgun and ammunition have been quashed, and he now faces a retrial.

Allan William Daniels originally went on trial last year with the prosecution alleging that he attempted to shoot Police officer Warren Bundy at point blank range after the officer pursued him over a suspected drug deal.

The gun did not go off, but a magazine found after the incident in Court Street, Hamilton, in 2004 contained four live rounds.

When Daniels was arrested and searched, cocaine with a street value of $68,100 and cannabis valued at $4,825 were found on his person and in his home and car.

Daniels, 27, pleaded guilty to possession of a firearm on the first day of his trial. Subsequently, the jury:

Acquitted him of attempting to murder Det. Con. Bundy

Convicted him of possession of ammunition plus four drugs offences

Failed to reach a verdict on using a firearm with intent to resist arrest.

Daniels was jailed for ten years for the firearms offences and given sentences totalling five years to run concurrently for the drugs crimes.

Giving their reason for quashing both the firearms charge that Daniels pleaded guilty to and the one he was convicted of, the appeals judges said he originally planned to plead not guilty to all counts, but was advised by lawyer John Perry Q.C to admit possession of a firearm.

The judges said Mr. Perry's application part way through the trial for Daniels to withdraw the guilty plea ? for legal reasons involving a possible defence ? should have been permitted by the trial judge, Ian Kawaley.

As it was not permitted, the panel ? comprising of President Justice Edward Zacca, and Justices Sir Anthony Evans and Sir Charles Mantell ? upheld the appeal against the firearms convictions.

However, they rejected an appeal against the drugs convictions and sentences, upholding these.

Delivering the judgement on Friday, Mr. Justice Zacca said Daniels should now face a retrial on the charges of possessing a gun and ammunition.

If the prosecution elects to, he could also face a retrial on the charge that the jury failed to reach a verdict on ? use of a firearm with intent to resist arrest.