Coutts, R. v
The sentence of 18 months' imprisonment was manifestly excessive given the sentencing trends for imitation firearms and the applicant's timely guilty plea; the appropriate sentence is 12 months' imprisonment.
- Parties
- Prosecutor: Regina; Applicant: Shaun Coutts
- Jurisdiction
- England and Wales
- Judgment Date
- 25 September 2008
- Procedural Posture
- Criminal Appeal / Sentence Appeal
- Outcome
- appeal allowed
- Legal Topics
- Imitation Firearms, Sentencing, Appeal Against Sentence
Case Brief
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Parties
Regina
Prosecutor
Shaun Coutts
Applicant
Procedural Posture
Criminal Appeal / Sentence Appeal
Legal Issues
- 1 Whether the sentence of 18 months' imprisonment for possession of an imitation firearm with intent to cause fear of violence was manifestly excessive
Ratio Decidendi
The sentence of 18 months' imprisonment was manifestly excessive given the sentencing trends for imitation firearms and the applicant's timely guilty plea; the appropriate sentence is 12 months' imprisonment.
Court Disposition
appeal allowed
Orders
- Sentence of 18 months' imprisonment quashed
- Substitute sentence of 12 months' imprisonment
Full Case Text
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