Source: All England Reporter
Publisher Citation: [2006] All ER (D) 43 (Oct)
Court: Court of Appeal, Criminal Division

Latham LJ, Owen and Gloster JJ

Representation Jacqui Vallejo (instructed by Tuckers Solicitors) for the offender.
  Parmjit Cheema (instructed by the Treasury Solicitor) for the Attorney General.
Judgment Dates: 4 October 2006


Sentence - Imprisonment - Length of sentence - Possessing a prohibited firearm - Possessing ammunition without a firearm certificate - Possessing a prohibited weapon - Aggravating features - Whether sentence unduly lenient.

The Case

In the case of an offender who had pleaded guilty to three firearm offences and who was sentenced to 48 weeks in a young offender's institution, suspended for two years, the judge had been entitled to take a wholly exceptional course in the light of; compelling mitigation advanced on behalf of the offender; the fact that he had spent a substantial period in custody at the time of sentencing; and the fact that the judge had accepted, and had sentenced the offender on his basis of plea., which had not been challenged by the prosecution.

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