Dawson, R. v [2017] EWCA Crim 2244 (16 November 2017)

Dawson, R. v [2017] EWCA Crim 2244 (16 November 2017)

The appellant's fleeting possession of the firearm, threats, and good character did not cumulatively amount to exceptional circumstances. The minimum sentence was not arbitrary or disproportionate. Pressure and threats are not exceptional under section 51A. The appeal is dismissed.

Citation
[2017] EWCA Crim 2244
Parties
Prosecution: Regina; Appellant: Robert Dawson
Jurisdiction
England and Wales
Judgment Date
16 November 2017
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Firearms Offences, Mandatory Minimum Sentencing, Exceptional Circumstances, Sentencing Guidelines
Criminal Law Firearms Offences Mandatory Minimum Sentencing Exceptional Circumstances Sentencing Guidelines

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Parties

Regina

Prosecution

Robert Dawson

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether there were exceptional circumstances to justify not imposing the mandatory minimum sentence for possession of a prohibited firearm under section 51A of the Firearms Act 1968

Ratio Decidendi

The appellant's fleeting possession of the firearm, threats, and good character did not cumulatively amount to exceptional circumstances. The minimum sentence was not arbitrary or disproportionate. Pressure and threats are not exceptional under section 51A. The appeal is dismissed.

Court Disposition

appeal dismissed

Orders

  • minimum sentence of five years' imprisonment for count 1 upheld
  • concurrent sentence of two years' imprisonment for count 2 upheld