Attorney-General's Reference No.35 of 2007 [2007] EWCA Crim 1523 (10 May 2007)

Attorney-General's Reference No.35 of 2007 [2007] EWCA Crim 1523 (10 May 2007)

A sentence below two years' imprisonment is inappropriate for possession of an imitation firearm with intent to cause fear of violence in circumstances such as these, even after mitigation and double jeopardy are considered. The original community order was unduly lenient and is replaced with 12 months' imprisonment.

Source-derived case information.

Citation
[2007] EWCA Crim 1523
Parties
Applicant: Attorney General; Offender: Mark John Hird
Jurisdiction
England and Wales
Judgment Date
10 May 2007
Procedural Posture
Attorney General's Reference (criminal) / Appeal Against Sentence (unduly Lenient Sentence Reference)
Outcome
Appeal allowed; sentence increased
Legal Topics
Sentencing, Firearms Offences, Imitation Firearms, Unduly Lenient Sentence, Double Jeopardy in Sentencing
Criminal Law Sentencing Firearms Offences Imitation Firearms Unduly Lenient Sentence Double Jeopardy in Sentencing

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Parties

Attorney General

Applicant

Mark John Hird

Offender

Procedural Posture

Attorney General's Reference (criminal) / Appeal Against Sentence (unduly Lenient Sentence Reference)

Legal Issues

  1. 1 What is the appropriate sentence for possession of an imitation firearm with intent to cause fear of violence under section 16A of the Firearms Act 1968?
  2. 2 Was the original sentence of a community order unduly lenient?

Ratio Decidendi

A sentence below two years' imprisonment is inappropriate for possession of an imitation firearm with intent to cause fear of violence in circumstances such as these, even after mitigation and double jeopardy are considered. The original community order was unduly lenient and is replaced with 12 months' imprisonment.

Court Disposition

Appeal allowed; sentence increased

Orders

  • Original sentence of community order quashed
  • Offender to surrender at Leigh police station by midday the following day