Truong, R. v

Truong, R. v

The sentence of two years' imprisonment for possession of a prohibited weapon was excessive given the absence of aggravating features and the guilty plea; a sentence of six months' imprisonment, consecutive to the burglary sentence, was appropriate.

Parties
Prosecutor: Regina; Appellant: Dan Thieu Truong
Jurisdiction
England and Wales
Judgment Date
01 September 2009
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Possession of Prohibited Weapon, Sentencing, Totality Principle
Criminal Law Possession of Prohibited Weapon Sentencing Totality Principle

Case Brief

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Parties

Regina

Prosecutor

Dan Thieu Truong

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 What is the appropriate sentence for possession of a prohibited weapon (Taser gun)?
  2. 2 Should the sentence run consecutively to the burglary sentence?
  3. 3 Was the original sentence excessive?

Ratio Decidendi

The sentence of two years' imprisonment for possession of a prohibited weapon was excessive given the absence of aggravating features and the guilty plea; a sentence of six months' imprisonment, consecutive to the burglary sentence, was appropriate.

Court Disposition

appeal allowed in part

Orders

  • Sentence of two years' imprisonment quashed.
  • Substituted sentence of six months' imprisonment to run consecutively to the two-year burglary sentence.