Boateng, R v [2011] EWCA Crim 861 (10 March 2011)

Boateng, R v [2011] EWCA Crim 861 (10 March 2011)

Genuine lack of knowledge of the presence of a firearm or ammunition, established after a full Newton hearing, can amount to exceptional circumstances justifying departure from the statutory minimum sentence under section 51A of the Firearms Act 1968.

Source-derived case information.

Citation
[2011] EWCA Crim 861
Parties
Prosecution: Regina; Appellant: Mary Boateng
Jurisdiction
England and Wales
Judgment Date
10 March 2011
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
appeal allowed
Legal Topics
Firearms Offences, Sentencing, Exceptional Circumstances, Statutory Minimum Sentences
Criminal Law Firearms Offences Sentencing Exceptional Circumstances Statutory Minimum Sentences

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Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Mary Boateng

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether genuine lack of knowledge of possession of a prohibited firearm or ammunition can amount to exceptional circumstances justifying departure from the statutory minimum sentence under section 51A of the Firearms Act 1968.

Ratio Decidendi

Genuine lack of knowledge of the presence of a firearm or ammunition, established after a full Newton hearing, can amount to exceptional circumstances justifying departure from the statutory minimum sentence under section 51A of the Firearms Act 1968.

Court Disposition

appeal allowed

Orders

  • Sentences of five years' detention quashed on all counts.
  • Concurrent sentences of two years' detention substituted on each count.