Attorney General Reference No 114 of 2004

Attorney General Reference No 114 of 2004

The statutory minimum sentence under section 5 of the Firearms Act 1968 does not apply unless the indictment contains a section 5 count or the facts are abundantly clear; since no such count was included and the judge was unaware the firearm was prohibited, the sentence was not unduly lenient and was within the proper ambit of the judge's sentencing powers.

Parties
Applicant: Attorney General; Respondent: Offender (unnamed)
Jurisdiction
England and Wales
Judgment Date
04 November 2004
Procedural Posture
Criminal Reference / Attorney General's Reference Under S.36 Criminal Justice Act 1988; Appellate Review of Sentence
Outcome
Application refused; sentence upheld
Legal Topics
Sentencing, Firearms Offences, Minimum Sentences, Indictment Amendment
Criminal Law Sentencing Firearms Offences Minimum Sentences Indictment Amendment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 11 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Attorney General

Applicant

Offender (unnamed)

Respondent

Procedural Posture

Criminal Reference / Attorney General's Reference Under S.36 Criminal Justice Act 1988; Appellate Review of Sentence

Legal Issues

  1. 1 Whether the sentence imposed was unduly lenient for possession of a firearm with intent to cause fear of violence and possession of bladed articles
  2. 2 Whether the statutory minimum sentence under section 5 of the Firearms Act 1968 applies without a specific count in the indictment
  3. 3 Whether the indictment should have been amended to include a section 5 offence

Ratio Decidendi

The statutory minimum sentence under section 5 of the Firearms Act 1968 does not apply unless the indictment contains a section 5 count or the facts are abundantly clear; since no such count was included and the judge was unaware the firearm was prohibited, the sentence was not unduly lenient and was within the proper ambit of the judge's sentencing powers.

Court Disposition

Application refused; sentence upheld