Attorney-Generals Reference No 48 and 49 of 2010

Attorney-Generals Reference No 48 and 49 of 2010

Sentences were lenient but not so unduly lenient as to warrant increase; section 51A does not directly apply to conspiracy, but its indication of public concern influences sentencing for attempts to create prohibited weapons.

Parties
Applicant: HM Attorney General; Respondent: Cox; Respondent: Monk
Jurisdiction
England and Wales
Judgment Date
20 October 2010
Procedural Posture
Criminal Reference / Appeal on Sentence
Outcome
leave granted; sentences not increased
Legal Topics
Firearms Offences, Sentencing, Conspiracy
Criminal Law Firearms Offences Sentencing Conspiracy

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Parties

HM Attorney General

Applicant

Cox

Respondent

Monk

Respondent

Procedural Posture

Criminal Reference / Appeal on Sentence

Legal Issues

  1. 1 Whether sentences for conspiracy to possess and convert prohibited firearms were unduly lenient
  2. 2 Applicability of minimum sentencing under section 51A of the Firearms Act 1968 to conspiracy offences

Ratio Decidendi

Sentences were lenient but not so unduly lenient as to warrant increase; section 51A does not directly apply to conspiracy, but its indication of public concern influences sentencing for attempts to create prohibited weapons.

Court Disposition

leave granted; sentences not increased

Orders

  • Leave to refer granted under section 36 of the Criminal Justice Act 1988.
  • No increase in sentences for Cox and Monk.