Bexley, R. v [2019] EWCA Crim 1018 (05 June 2019)

Bexley, R. v [2019] EWCA Crim 1018 (05 June 2019)

The sentence of 2 years' imprisonment was not manifestly excessive given the exceptional circumstances, voluntary surrender of the firearm, mental health issues, and full credit for early guilty plea, despite the judge's failure to expressly state the credit for the plea.

Citation
[2019] EWCA Crim 1018
Parties
Prosecution: Regina; Appellant: Peter Bexley
Jurisdiction
England and Wales
Judgment Date
05 June 2019
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Sentencing, Firearms Offences, Exceptional Circumstances, Credit for Guilty Plea
Criminal Law Sentencing Firearms Offences Exceptional Circumstances Credit for Guilty Plea

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Parties

Regina

Prosecution

Peter Bexley

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the sentence imposed for possession of a prohibited firearm was manifestly excessive given exceptional circumstances and credit for guilty plea

Ratio Decidendi

The sentence of 2 years' imprisonment was not manifestly excessive given the exceptional circumstances, voluntary surrender of the firearm, mental health issues, and full credit for early guilty plea, despite the judge's failure to expressly state the credit for the plea.

Court Disposition

appeal dismissed

Orders

  • sentence of 2 years' imprisonment on count 1 affirmed
  • concurrent sentence of 12 months' imprisonment on count 2 affirmed