Attorney General's Reference No. 76 OF 2005

Attorney General's Reference No. 76 OF 2005

There was no basis for exceptional circumstances to justify a suspended sentence; the minimum appropriate sentence was two years' imprisonment for possession of a firearm with intent to cause fear of violence.

Parties
Applicant: Attorney General; Respondent: Offender
Jurisdiction
England and Wales
Judgment Date
06 October 2005
Procedural Posture
Criminal Reference / Appeal
Outcome
sentence increased
Legal Topics
Sentencing, Unduly Lenient Sentence, Firearms Offences, Common Assault
Criminal Law Sentencing Unduly Lenient Sentence Firearms Offences Common Assault

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Parties

Attorney General

Applicant

Offender

Respondent

Procedural Posture

Criminal Reference / Appeal

Legal Issues

  1. 1 Whether the sentence imposed was unduly lenient
  2. 2 Whether there were exceptional circumstances justifying a suspended sentence

Ratio Decidendi

There was no basis for exceptional circumstances to justify a suspended sentence; the minimum appropriate sentence was two years' imprisonment for possession of a firearm with intent to cause fear of violence.

Court Disposition

sentence increased

Orders

  • Offender to surrender to Chichester police station by 12 noon the following day
  • Sentence of two years' imprisonment imposed for possession of firearm offence