Phillips & Ors, R. v

Phillips & Ors, R. v

Court-Martial is not bound by statutory minimum sentence for civilian firearms offences but must consider Parliament's intention and use minimum sentence as starting point, adjusting for service context and individual mitigation.

Source-derived case information.

Parties
Applicant: Ross George Derek Phillips; Applicant: Ben Whitfield; Applicant: Shane Pleasant; Applicant: Daniel Peter McEneany; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
27 June 2007
Procedural Posture
Criminal Appeal / Judgment
Outcome
Appeals of Phillips, Whitfield, and Pleasant dismissed; appeal of McEneany allowed in part.
Legal Topics
Sentencing, Firearms Offences, Court Martial Jurisdiction, Statutory Interpretation
Criminal Law Military Law Sentencing Firearms Offences Court Martial Jurisdiction Statutory Interpretation

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Parties

Ross George Derek Phillips

Applicant

Ben Whitfield

Applicant

Shane Pleasant

Applicant

Daniel Peter McEneany

Applicant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether Court-Martial is obliged to impose minimum sentence under section 51A Firearms Act 1968 as amended by Criminal Justice Act 2003
  2. 2 Appropriate sentencing approach for servicemen convicted of offences equivalent to civilian firearms offences

Ratio Decidendi

Court-Martial is not bound by statutory minimum sentence for civilian firearms offences but must consider Parliament's intention and use minimum sentence as starting point, adjusting for service context and individual mitigation.

Court Disposition

Appeals of Phillips, Whitfield, and Pleasant dismissed; appeal of McEneany allowed in part.

Orders

  • Sentence of McEneany reduced to three-and-a-half years' imprisonment.
  • Sentences for Phillips, Whitfield, and Pleasant affirmed.