Attorney Generals Ref 45 of 2008

Attorney Generals Ref 45 of 2008

Neither the age of the offender nor his reason for possessing the firearm, either individually or cumulatively, amounted to exceptional circumstances justifying a sentence below the statutory minimum. The original sentence was unduly lenient and a sentence of three years' detention was appropriate.

Parties
Applicant: Attorney General; Offender: Amar Brahimi
Jurisdiction
England and Wales
Judgment Date
19 August 2008
Procedural Posture
Criminal Reference / Appeal Against Sentence (attorney General's Reference Under S.36 Criminal Justice Act 1988)
Outcome
Sentence quashed and substituted
Legal Topics
Sentencing, Firearms Offences, Exceptional Circumstances, Minimum Sentences
Criminal Law Sentencing Firearms Offences Exceptional Circumstances Minimum Sentences

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Parties

Attorney General

Applicant

Amar Brahimi

Offender

Procedural Posture

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

Legal Issues

  1. 1 Whether the sentence imposed was unduly lenient
  2. 2 Whether exceptional circumstances existed to justify a sentence below the statutory minimum

Ratio Decidendi

Neither the age of the offender nor his reason for possessing the firearm, either individually or cumulatively, amounted to exceptional circumstances justifying a sentence below the statutory minimum. The original sentence was unduly lenient and a sentence of three years' detention was appropriate.

Court Disposition

Sentence quashed and substituted

Orders

  • The sentence of 12 months' detention and training order is quashed.
  • A sentence of three years' detention pursuant to section 91 of the Powers of the Criminal Courts (Sentencing) Act 2000 is substituted.