Source: All England Reporter
Publisher Citation: [2006] All ER (D) 90 (Oct)
Court: Court of Appeal, Criminal Division

Latham LJ, Simon and Gloster JJ

Representation 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.
Judgment Dates: 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.

The Case

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.

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