Source: All England Reporter
Publisher Citation: [2014] All ER (D) 80 (Jan)
Court: Court of Appeal, Criminal Division

Davis LJ, Blake J and Judge Cutler (judgment delivered extempore)

Representation Richard Thompson (instructed by Robinsons Solicitors, Hull) for the defendant.
  Mark Kendall (instructed by the Crown Prosecution Service, Appeals Unit) for the Crown.
Judgment Dates: 16 January 2014


Sentence - Appeal - Mandatory sentence - Defendant pleading guilty to one count of possessing a disguised firearm - Defendant suffering from depressive and delusional mental disorders - Defendant sentenced to mandatory minimum term of five years' imprisonment - Defendant appealing - Whether exceptional circumstances rendering sentence manifestly excessive - .

The Case

Sentence Appeal. The Court of Appeal, Criminal Division, dismissed a defendant's appeal against the mandatory minimum sentence of five years' imprisonment for possessing a disguised firearm contrary to s5(1A)(a) of the . It was held that there was no evidence of exceptional circumstances in the present case which justified a departure from the minimum mandatory term. Accordingly, the judge had been held not to have erred in sentencing.

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