Each defendant had been convicted of firearms offences which were subject to a five year minimum sentence. That minimum had been imposed, but they appealed. Held: In exceptional circumstances, the court should impose a lesser sentence. The provision of a minimum sentence was capable of being arbitrary, particuarly since the section was absolute. The statute … Continue reading Regina v Rehman; Regina v Wood: CACD 18 Jul 2005
The AG argued that the sentences imposed for conspiracy to possess and distribute prohibited firearms and ammunition, and conspiracy to convert into firearms. They had been produced to sell to drugs dealers to pay of drugs debts. The Crown argued that an effective minimum sentence of five years applied. Held: It was not unusual to … Continue reading Attorney General’s Reference No 48 and 49 of 2010: CACD 20 Oct 2010
The court considered when it might exercise its exceptional circumstances discretion not to order imprisonment of an offender convicted of possession of a firearm. Rose LJ VP CACD, Douglas Brown, Mackay JJ [2004] EWCA Crim 3291, [2005] 2 Cr App R(S) 44 Bailii Firearms Act 1968 51A England and Wales Criminal Sentencing Updated: 27 January … Continue reading Jordan, Alleyne and Redfern, Regina v: CACD 14 Dec 2004
The defendant appealed against his sentence of four years imprisonment for possession of a disguised firearm, namely a stun gun disguised as a mobile phone, locked in a hidden safe in his home. The minimum sentence prescribed by section 51A was five years. Held: The appeal was dismissed. Though the prosecutor had vacillated between different … Continue reading Brereton, Regina v: CACD 3 Feb 2012
