Source: All England Reporter
Publisher Citation: [2010] All ER (D) 142 (Dec)
Neutral Citation: [2010] EWCA Crim 3052
Court: Court of Appeal, Criminal Division
Judge:

Lord Judge CJ, Griffith Williams and Sharp JJ (judgment delivered extempore)
Representation Steven Redmond (assigned by the Registrar of Criminal Appeals) for the offender.
  Sarah Whitehouse (instructed by the Treasury Solicitor) for the Attorney General.
Judgment Dates: 9 December 2010

Catchwords

Sentence - Imprisonment - Length of sentence - Possession of a prohibited firearm - Loaded sawn-off shotgun found in car belonging to offender's mother and driven by offender - Offender pleading guilty to possession of prohibited firearm - Offence carrying minimum penalty of five years' imprisonment - Judge finding exceptional circumstances justifying imposition of sentence lower than statutory minimum - Judge imposing sentence of three-and-a-half years' imprisonment - Whether sentence unduly lenient - s 5(1)(aba).

The Case

Sentence Imprisonment. The Court of Appeal, Criminal Division allowed the Attorney General's appeal against the sentence imposed on the offender for possession of a prohibited firearm, contrary to s5(1)(aba) of the where the sentence was unduly lenient. There were no exceptional circumstances justifying the imposition of a sentence lower than the statutory minimum, contrary to what the sentencing judge had found, and accordingly the sentence of three and a half years' imprisonment would be quashed and replaced by one of five years' imprisonment.

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