Boateng, R v

Boateng, R v

The appellant's genuine lack of knowledge of the presence of firearms and ammunition in the bag, as found by the judge after a Newton hearing, constituted exceptional circumstances, entitling the court to depart from the statutory minimum sentence.

Parties
Prosecution: Regina; Appellant: Mary Boateng
Jurisdiction
England and Wales
Judgment Date
10 March 2011
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Firearms Offences, Sentencing, Exceptional Circumstances, Statutory Minimum Sentences
Criminal Law Firearms Offences Sentencing Exceptional Circumstances Statutory Minimum Sentences

Case Brief

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Parties

Regina

Prosecution

Mary Boateng

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether genuine lack of knowledge of possession of prohibited firearm or ammunition amounts to exceptional circumstances justifying departure from statutory minimum sentence

Ratio Decidendi

The appellant's genuine lack of knowledge of the presence of firearms and ammunition in the bag, as found by the judge after a Newton hearing, constituted exceptional circumstances, entitling the court to depart from the statutory minimum sentence.

Court Disposition

appeal allowed

Orders

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