Attorney General's Reference No. 58 OF 2006

Attorney General's Reference No. 58 OF 2006

The sentences imposed were unduly lenient given the offenders' possession of a loaded firearm in public; the appropriate sentences are 7 years for Finch and 5 years for Richer, with credit for Richer's guilty plea but not as an exceptional circumstance to depart from the statutory minimum.

Parties
Applicant: Attorney General; Offender: Joseph Richer; Offender: David Finch
Jurisdiction
England and Wales
Judgment Date
09 October 2006
Procedural Posture
Criminal Reference / Judgment on Reference Under S.36 Criminal Justice Act 1988
Outcome
sentences increased
Legal Topics
Sentencing, Firearms Offences, Minimum Sentences, Exceptional Circumstances
Criminal Law Sentencing Firearms Offences Minimum Sentences Exceptional Circumstances

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Parties

Attorney General

Applicant

Joseph Richer

Offender

David Finch

Offender

Procedural Posture

Criminal Reference / Judgment on Reference Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentences imposed were unduly lenient
  2. 2 Whether a guilty plea constitutes exceptional circumstances justifying departure from statutory minimum sentence

Ratio Decidendi

The sentences imposed were unduly lenient given the offenders' possession of a loaded firearm in public; the appropriate sentences are 7 years for Finch and 5 years for Richer, with credit for Richer's guilty plea but not as an exceptional circumstance to depart from the statutory minimum.

Court Disposition

sentences increased

Orders

  • Finch's sentence increased to 7 years' imprisonment
  • Richer's sentence increased to 5 years' imprisonment