||All England Reporter
|| All ER (D) 142 (Dec)
|| EWCA Crim 3052
||Court of Appeal, Criminal Division
Lord Judge CJ, Griffith Williams and Sharp JJ (judgment delivered extempore)
||Steven Redmond (assigned by the Registrar of Criminal Appeals) for the offender.
||Sarah Whitehouse (instructed by the Treasury Solicitor) for the Attorney General.
||9 December 2010
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).
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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