Bent, R. v

Bent, R. v

The sentence of 12 months' detention was excessive given the brief and non-persistent nature of the offence, the lawful possession of the air pistol, and the appellant's good character; a four-month detention was appropriate.

Parties
Prosecution: Regina; Appellant: Elliot Bent
Jurisdiction
England and Wales
Judgment Date
26 August 2009
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Firearm Offences, Sentencing, Possession of Cannabis
Criminal Law Firearm Offences Sentencing Possession of Cannabis

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Elliot Bent

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 whether the sentence imposed for possession of a firearm with intent to cause fear of violence was excessive
  2. 2 whether immediate custodial sentence was appropriate

Ratio Decidendi

The sentence of 12 months' detention was excessive given the brief and non-persistent nature of the offence, the lawful possession of the air pistol, and the appellant's good character; a four-month detention was appropriate.

Court Disposition

appeal allowed in part

Orders

  • sentence reduced to four months' detention in a young offender institution
  • immediate release from custody