Miscellany of sentencing issues
| Published date | 01 December 2021 |
| DOI | 10.1177/02645505211058094b |
| Date | 01 December 2021 |
| Subject Matter | In Court |
(applying Manning), the judge should have departed from the default position. An
8-week term suspended for 12 months was substituted.
R v PRITCHARD, [2021] 2 Cr App R(S) 18.
Miscellany of sentencing issues
Prisoner’s possession of dangerous weapon
Aged in his mid-30s with a substantial criminal record, some convictions involving
violence, B. was subject of security intelligence while a serving prisoner at HMP
Lindholme alleging that he had an unauthorised item acquired through his employ-
ment in an industrial workshop. When challenged he produced an improvised
weapon, a piece of metal sharpened to a point and attached to a handle, described
by the judge as ‘fairly fearsome’and capable of causing ‘real damage’. On plead-
ing guilty to possession of a bladed or sharply pointed article (Prison Act
1952 s40CA) B. was committed to the Crown Court for sentence, incurring 10
months imprisonment. The judge had placed the offence within Culpability category
A (possession of bladed article or ‘highly dangerous weapon’*), as set out in the
relevant Guideline (Bladed Articles and Offensive Weapons, 2018) - starting
point after contested trial of 18 months with a range between 12 and 30 months.
On appeal it was argued on B.’s behalf that he should have been sentenced by
reference to Culpability category C [‘possession of weapon (other than a bladed
article or a highly dangerous weapon) –not used to threaten or cause fear’]–
thus indicating a starting point of 6 months with a range between 3 and 12
months. The Court of Appeal gave this argument short shrift, observing that the
judge had been fully justified in ‘treating this dangerous sharply pointed implement
as akin to a bladed article for sentencing purposes’. Appeal dismissed.
R v BLACKMORE, [2021] 1 Cr App R(S) 52.
*The Guideline explains that an offensive weapon is defined in legislation as ‘any
article made or adapted for use for causing injury, or is intended by the person
having it with him for such use’.‘A highly dangerous weapon is, therefore, a
weapon …whose dangerous nature must be substantially above and beyond this.’
‘Speciality’targeting of vulnerable victims for burglary
Aged in her mid-30s, N. called at the home of an elderly and vulnerable couple at
02.00. At the time the husband was alone as his wife was in hospital. Telling him
that she was a carer, she walked in uninvited and while he was making tea she
stole his wallet and £40 in cash, and left. She returned four days later but he
would not admit her. Five days after that, when the husband was in hospital but
the wife was back at home, she called again in the late evening, entering without
permission, asking where ‘he’was, and starting to look through drawers. Alerted
In court 503
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