The applicants appealed sentences for possession of offensive weapons.
Held: The court gave guidance on the issues of relevance in sentencing. The court should follow the Sentencing Advisory Panel in considering the intentions of the defendant. Particular aggravations might be the specific planned use, any racial aggravation, or being under the influence of drugs. As to the circumstances, the court might look to see if there was any sensitivity as to the location, for example a Hospital, or public gathering. The nature of the weapon is relevant with some inherently more dangerous than others, and this might also provide indications as to the defendant’s intentions. Mitigation might be found where the carrying was temporary, or from personal factors, and other usual mitigations applied. For an adult of previous good character the custody threshold will be passed with dangerous circumstances and actual use.
Citations:
Times 01-Nov-2002
Statutes:
Criminal Justice Act 1988 139, Prevention of Crime Act 1953 1
Jurisdiction:
England and Wales
Criminal Sentencing
Updated: 09 August 2022; Ref: scu.177839
