McMahon, R v

McMahon, R v

Exceptional circumstances were established based on the cumulative factors advanced by the appellant, including the non-lethal nature of the weapon, manner of acquisition, sentimental retention, and ignorance of illegality. The Recorder erred in rejecting the basis of plea without a Newton hearing, resulting in a manifestly excessive and disproportionate sentence.

Parties
Prosecution: Regina; Appellant: Richard Anthony McMahon
Jurisdiction
England and Wales
Judgment Date
16 May 2018
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed in part; sentence varied
Legal Topics
Sentencing, Firearms Offences, Exceptional Circumstances, Minimum Sentence, Appeal Procedure
Criminal Law Sentencing Firearms Offences Exceptional Circumstances Minimum Sentence Appeal Procedure

Case Brief

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Parties

Regina

Prosecution

Richard Anthony McMahon

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether exceptional circumstances existed to justify departing from the statutory minimum sentence for possession of a disguised firearm
  2. 2 Whether the Recorder erred in rejecting the appellant's basis of plea without a Newton hearing

Ratio Decidendi

Exceptional circumstances were established based on the cumulative factors advanced by the appellant, including the non-lethal nature of the weapon, manner of acquisition, sentimental retention, and ignorance of illegality. The Recorder erred in rejecting the basis of plea without a Newton hearing, resulting in a manifestly excessive and disproportionate sentence.

Court Disposition

appeal allowed in part; sentence varied

Orders

  • Sentence of 5 years' imprisonment on count 2 quashed
  • Substituted sentence of 30 months' imprisonment on count 2