Munson, R. v

Munson, R. v

The appellant's actions in leaving a sawn-off shotgun and ammunition in an insecure location created a serious risk of them falling into the wrong hands, and the nature of the weapon itself justified the mandatory minimum sentence; the facts did not amount to exceptional circumstances.

Parties
Respondent: Regina; Appellant: Nathan Lee Munson
Jurisdiction
England and Wales
Judgment Date
16 May 2008
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Firearms Offences, Mandatory Minimum Sentencing, Exceptional Circumstances
Criminal Law Firearms Offences Mandatory Minimum Sentencing Exceptional Circumstances

Case Brief

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Parties

Regina

Respondent

Nathan Lee Munson

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the facts amounted to exceptional circumstances under section 51A(2) of the Firearms Act 1968 to justify departing from the mandatory minimum sentence for possession of a firearm

Ratio Decidendi

The appellant's actions in leaving a sawn-off shotgun and ammunition in an insecure location created a serious risk of them falling into the wrong hands, and the nature of the weapon itself justified the mandatory minimum sentence; the facts did not amount to exceptional circumstances.

Court Disposition

appeal dismissed

Orders

  • The appeal against sentence is dismissed.