Court Upholds Sentence For Gun Possession

November 28, 2018

The Court of Appeal has upheld the 10 year sentence handed down to Dion Cholmondeley, who was convicted of having a loaded gun, with the Crown having argued that the sentence was “manifestly inadequate” and seeking a 12 year sentence.

The ruling said, “On the 4th December, 2017 following an earlier plea of guilty, Mr Cholmondeley  was sentenced to a total of 10 years’ imprisonment for possession of a firearm contrary to section 2 of the Firearms Act 1972 and possession of ammunition contrary to section 3 of the Act.

“The prosecution appeal against the sentence on the grounds that it is manifestly inadequate. It is unclear whether or not the Crown has been given leave on a previous occasion. We proceed on the basis that the Crown was given leave

“Ms Burgess for the Crown argues that the sentence passed of 10 years was manifestly inadequate, and that the appropriate sentence in the circumstances was one of 12 years’ imprisonment.

“In my judgment, the sentence of 10 years’ imprisonment might be said to be slightly on the low side, bearing in mind that the Respondent was in possession of a loaded gun, and the inference that he had been plainly given it by some person for a purpose, either of conveying it elsewhere, or some other undisclosed purpose. But, Ms. Burgess is only seeking an increase of two years to 12 years imprisonment.

“Be that as it may, this Court does not interfere with a sentence on an appeal by the Crown, unless it is satisfied that in all the circumstances the sentence was manifestly inadequate. It seems to me debateable, whether the sentence of 10 years rather than the 12 year statutory minimum contended for was inadequate, let alone manifestly so in the circumstances of this case.

“We do not think that there is any justification for increasing the sentence of 10 years which was in our judgment within the appropriate range. Accordingly, if leave has been granted, the appeal is dismissed. However, if leave has not been granted then leave is refused.”

The full judgement follows below [PDF here]:

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