Povey and Others, Regina v: CACD 21 May 2008

Appeals against sentences imposed for being in possession of a knife or an offensive weapon without reasonable excuse.
Held: ‘First, the guideline decision of this court in Poulton and Celaire was decided in October 2002, following advice from the Sentencing Advisory Panel given in 2000. All the subsequent decisions have followed that guidance. Conditions now are much more grave than they were five and a half years ago and the guidance given in Poulton and Celaire should be applied with the current grave situation as we have endeavoured to explain it, and the sentencing considerations we have just identified clearly in mind. That is what we have done in these cases. Second, we recommend that any relevant guidance from the Sentencing Guidelines Council to magistrates should normally be applied at the most severe end of the appropriate range of sentences.’


Sir Igor Judge P QBD, Griffith Williams, Saunders JJ


[2008] EWCA Crim 1261, [2009] 1 Cr App R (S) 42, [2008] Crim LR 816, (2009) 173 JP 109




England and Wales

Criminal Sentencing

Updated: 17 July 2022; Ref: scu.270207