Davidson, R. v

Davidson, R. v

The Court of Appeal held that the sentencing judge was wrong to find exceptional circumstances justifying a departure from the statutory minimum sentence. The offender's possession of a disguised taser in a public place, his previous relevant conviction, the circumstances of the offence, and lack of frankness outweighed any personal mitigation. Sympathy for the offender or his family could not amount to exceptional circumstances. The sentence was therefore unduly lenient and the statutory minimum of five years' detention must be imposed.

Parties
Applicant: Attorney General; Respondent/offender: Lewis Alan Davidson
Jurisdiction
England and Wales
Judgment Date
14 September 2016
Procedural Posture
Criminal Appeal (reference by Attorney General) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988
Outcome
Appeal allowed; sentence quashed and substituted
Legal Topics
Firearms Offences, Minimum Sentencing, Exceptional Circumstances, Possession of Disguised Firearm, Sentencing Guidelines
Criminal Law Firearms Offences Minimum Sentencing Exceptional Circumstances Possession of Disguised Firearm Sentencing Guidelines

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Parties

Attorney General

Applicant

Lewis Alan Davidson

Respondent/offender

Procedural Posture

Criminal Appeal (reference by Attorney General) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentence imposed for possession of a disguised firearm was unduly lenient
  2. 2 Whether there were exceptional circumstances justifying departure from the statutory minimum sentence

Ratio Decidendi

The Court of Appeal held that the sentencing judge was wrong to find exceptional circumstances justifying a departure from the statutory minimum sentence. The offender's possession of a disguised taser in a public place, his previous relevant conviction, the circumstances of the offence, and lack of frankness outweighed any personal mitigation. Sympathy for the offender or his family could not amount to exceptional circumstances. The sentence was therefore unduly lenient and the statutory minimum of five years' detention must be imposed.

Court Disposition

Appeal allowed; sentence quashed and substituted

Orders

  • The sentence of 12 months' detention suspended for two years is quashed.
  • A sentence of five years' detention in a young offenders’ institution is substituted, to run from the date of the original sentence.