Robinson, R v

Robinson, R v

The sentencing judge was not clearly wrong in concluding that the collective circumstances did not amount to exceptional circumstances; the mandatory minimum sentence must stand.

Parties
Prosecution: Regina; Applicant: Scott Malcolm Robinson
Jurisdiction
England and Wales
Judgment Date
17 November 2009
Procedural Posture
Criminal Appeal / Renewed Application for Permission to Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Firearms Offences, Sentencing, Exceptional Circumstances
Criminal Law Firearms Offences Sentencing Exceptional Circumstances

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Parties

Regina

Prosecution

Scott Malcolm Robinson

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Permission to Appeal Against Sentence

Legal Issues

  1. 1 Whether exceptional circumstances exist to justify a sentence less than the mandatory minimum for possession of a firearm with a shortened barrel

Ratio Decidendi

The sentencing judge was not clearly wrong in concluding that the collective circumstances did not amount to exceptional circumstances; the mandatory minimum sentence must stand.

Court Disposition

appeal dismissed

Orders

  • Permission to appeal against sentence refused
  • Mandatory minimum sentence of 5 years' imprisonment upheld