Williams, R. v [2006] EWCA Crim 2530 (13 October 2006)

The offence, absent aggravating features and with significant mitigation, did not cross the custody threshold; immediate custody was inappropriate.

Source-derived case information.

Citation: [2006] EWCA Crim 2530
Parties: Prosecution: Regina; Appellant: Robert Charles Richard Williams
Jurisdiction: England and Wales
Judgment Date: 13 October 2006
Procedural Posture: Criminal Appeal / Sentence Appeal
Outcome: sentence quashed
Legal Topics: Possession of Bladed Article, Sentencing, Mitigation, Custody Threshold

Criminal Law Possession of Bladed Article Sentencing Mitigation Custody Threshold

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Parties

Regina

Prosecution

Robert Charles Richard Williams

Appellant

Procedural Posture

Criminal Appeal / Sentence Appeal

Legal Issues

1 Whether the offence of possessing a bladed article warranted immediate custody
2 Appropriate sentence given mitigating and aggravating factors

Ratio Decidendi

The offence, absent aggravating features and with significant mitigation, did not cross the custody threshold; immediate custody was inappropriate.

Court Disposition

sentence quashed

Orders

Conditional discharge for 12 months in place of detention
Appellant released after serving 13 days in custody

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