Dawson, R. v

Dawson, R. v

The appellant's fleeting possession of the firearm, threats and intimidation, and good character, even taken cumulatively, did not amount to exceptional circumstances justifying departure from the mandatory minimum sentence. The risk created by throwing a loaded firearm onto a children's play area and the appellant's ongoing association with criminal activity outweighed any mitigating factors. The minimum sentence was neither arbitrary nor disproportionate.

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

Case Brief

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Parties

Regina

Prosecution

Robert Dawson

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in finding no exceptional circumstances to disapply 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 intimidation, and good character, even taken cumulatively, did not amount to exceptional circumstances justifying departure from the mandatory minimum sentence. The risk created by throwing a loaded firearm onto a children's play area and the appellant's ongoing association with criminal activity outweighed any mitigating factors. The minimum sentence was neither arbitrary nor disproportionate.

Court Disposition

appeal dismissed

Orders

  • Appeal against sentence dismissed.