Howley, R v

Howley, R v

A sentence of six weeks' imprisonment adequately reflects the guilt and culpability for possession of a bladed article where there are no aggravating features and no relevant previous convictions.

Parties
Prosecutor: Regina; Appellant: Paul Stuart Howley
Jurisdiction
England and Wales
Judgment Date
19 June 2003
Procedural Posture
Criminal Appeal / Judgment
Outcome
sentence reduced
Legal Topics
Possession of Bladed Article, Sentencing, Appeal Against Sentence
Criminal Law Possession of Bladed Article Sentencing Appeal Against Sentence

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecutor

Paul Stuart Howley

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the sentence for possession of a bladed article was wrong in principle or manifestly excessive
  2. 2 Whether sufficient account was taken of guilty plea, remorse, and low risk of reoffending
  3. 3 Whether the custody threshold was passed

Ratio Decidendi

A sentence of six weeks' imprisonment adequately reflects the guilt and culpability for possession of a bladed article where there are no aggravating features and no relevant previous convictions.

Court Disposition

sentence reduced

Orders

  • The sentence of three months' imprisonment is substituted with a sentence of six weeks' imprisonment.