Allen, R. v

Allen, R. v

Exceptional circumstances existed due to applicant's age, health, guilty plea, and additional evidence regarding his wife's distress and applicant's dementia; sentence of 2 years was manifestly excessive and reduced to 12 months' imprisonment.

Parties
Prosecution: Regina; Applicant: James Edward Allen
Jurisdiction
England and Wales
Judgment Date
15 April 2011
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Firearms Offences, Sentencing, Exceptional Circumstances, Minimum Sentence
Criminal Law Firearms Offences Sentencing Exceptional Circumstances Minimum Sentence

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Parties

Regina

Prosecution

James Edward Allen

Applicant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether exceptional circumstances justified departure from mandatory minimum sentence for firearms offences
  2. 2 Whether custodial sentence was appropriate given applicant's age, health, and mitigating factors

Ratio Decidendi

Exceptional circumstances existed due to applicant's age, health, guilty plea, and additional evidence regarding his wife's distress and applicant's dementia; sentence of 2 years was manifestly excessive and reduced to 12 months' imprisonment.

Court Disposition

appeal allowed in part

Orders

  • Leave to appeal granted
  • Custodial sentence reduced from 2 years to 12 months' imprisonment