||All England Reporter
|| All ER (D) 90 (Oct)
||Court of Appeal, Criminal Division
Latham LJ, Simon and Gloster JJ
||David Williams (instructed by Brian Jackson & Co) for the first offender.
||Pamela Radcliffe (instructed by Drew Jones) for the second offender.
||Richard Horwell (instructed by the Treasury Solicitor) for the Attorney General.
||9 October 2006
Sentence - Imprisonment - Length of sentence - Minimum sentence - Possession of prohibited firearm - First offender pleading guilty - Second offender being convicted - Judge imposing minimum sentence on second offender - Judge finding first offender's guilty plea to constitute exceptional circumstance justifying departure from minimum sentence - Whether sentence unduly lenient.
In the instant case, where the first offender had pleaded guilty to, inter alia, possessing a prohibited firearm, contrary to s5 of the and the second offender had been convicted of that offence, where the firearm was a loaded semi-automatic pistol, in all the circumstances, the judge had erred in determining that the minimum sentence of five years' imprisonment was appropriate; and it followed that the sentences of three years and nine months' imprisonment and five years' imprisonment imposed respectively would be quashed and sentences of seven years and five years' imprisonment substituted.
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Cases related to this particular case that are related to, or discuss this caseView related cases
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary