Source: All England Reporter
Publisher Citation: [2006] All ER (D) 81 (Oct)
Court: Court of Appeal, Criminal Division

Moore-Bick LJ, Grigson J and Judge Moss QC

Representation Paul Spreadborough (assigned by the Registrar of Criminal Appeals) for the defendant.
Judgment Dates: 6 October 2006


Sentence - Custodial sentence - Seriousness of offence - Possession of prohibited weapon - Defendant in possession of stun gun while on licence for previous offence - Judge ordering recall to prison to serve part of previous sentence before beginning sentence for possession of stun gun - Whether sentence in instant offence manifestly excessive - Whether period of previous sentence to be served manifestly excessive.

The Case

Where the defendant had pleaded guilty to possession of a prohibited weapon (a stun gun) whilst he had been released on licence from a 12-year sentence for a drugs offence, an order returning the defendant to prison to serve three years' of the unexpired period of his previous custodial sentence would be quashed, and substituted with an order that he serve 18 months of that period. The consecutive sentence of 12-months' imprisonment for the possession of the stun gun would not be quashed.

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