March 13, 2017

Firearms accused receives a 12 month suspended sentence after judge persuaded not to impose 5 year minimum jail sentence

 

A Stone man represented by Sheppards Solicitors avoided a mandatory minimum term of 5 years imprisonment when the Judge dealing with the case was persuaded to find exceptional circumstances not to impose the minimum sentence.

Under Section 5(1a)(a) of the Firearms Act 1968, anyone found in possession of a firearm disguised as another item faces a minimum mandatory sentence of five years.

In the case, the police attended the home address of the man and during the course of the attendance were made aware that the device was in the kitchen. The device, disguised as a mobile phone had contact probes at the top of the phone and a slider at the side which would be used for activating the device.  It had the appearance of a normal mobile phone.

The client, represented by Mark Nicholls pleaded guilty to possessing the disguised firearm on the day his trial was due to start.

At the subsequent sentencing hearing, the defendant gave evidence as to his possession of the device.  The Judge then heard submissions with a view to determining whether he could find exceptional reasons for not passing an immediate custodial term.

The Judge found on the particular circumstances of the case that he could find exceptional circumstances and therefore not pass the minimum term sentence.

The sentence imposed was one of 12 months imprisonment, suspended for two years.

The client, not only relieved was understandably delighted with the outcome of the case.