Davidson, R. v [2016] EWCA Crim 1626 (14 September 2016)

Davidson, R. v [2016] EWCA Crim 1626 (14 September 2016)

The sentencing judge was wrong to find exceptional circumstances justifying departure from the statutory minimum sentence. The offender's possession of a disguised taser in a public place, prior use of a knife, relevant previous conviction, and lack of frankness outweighed mitigating factors. Sympathy for the offender's family is not a valid basis for finding exceptional circumstances. The original sentence was unduly lenient and the statutory minimum must be imposed.

Citation
[2016] EWCA Crim 1626
Parties
Applicant: Attorney General; Offender/respondent: Lewis Alan Davidson
Jurisdiction
England and Wales
Judgment Date
14 September 2016
Procedural Posture
Criminal Appeal (attorney General's Reference) / Appeal Against Sentence; Reference Under S.36 Criminal Justice Act 1988
Outcome
Appeal allowed; original sentence quashed; statutory minimum sentence imposed.
Legal Topics
Sentencing, Firearms Offences, Minimum Sentences, Exceptional Circumstances, Possession of Disguised Firearm
Criminal Law Sentencing Firearms Offences Minimum Sentences Exceptional Circumstances Possession of Disguised Firearm

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Parties

Attorney General

Applicant

Lewis Alan Davidson

Offender/respondent

Procedural Posture

Criminal Appeal (attorney General's Reference) / Appeal Against Sentence; Reference Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentencing judge was justified in finding exceptional circumstances to avoid the statutory minimum sentence for possession of a disguised firearm under s.5(1A)(a) Firearms Act 1968.
  2. 2 Whether the original sentence was unduly lenient.

Ratio Decidendi

The sentencing judge was wrong to find exceptional circumstances justifying departure from the statutory minimum sentence. The offender's possession of a disguised taser in a public place, prior use of a knife, relevant previous conviction, and lack of frankness outweighed mitigating factors. Sympathy for the offender's family is not a valid basis for finding exceptional circumstances. The original sentence was unduly lenient and the statutory minimum must be imposed.

Court Disposition

Appeal allowed; original sentence quashed; statutory minimum sentence imposed.

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.