Peter Bexley [2019] EWCA Crim 1018

The judge found that exceptional circumstances existed not to impose the minimum sentence of 5 years imprisonment and instead imposed 2 years. For possession of ammunition he imposed 12 months concurrent and 14 days for a bail act offence, also concurrent. The judge made no reference, however, to credit for a guilty plea.

The appellant pleaded guilty on the basis that he had taken the gun and bullets off a friend, four days later he went to the police station to hand them in. He had mental health problems relevant to the issue of delay and his somewhat erratic behaviour during the four days he was in possession. It was also accepted that he had been subject to threats and intimidation by the owner of the firearm.

The concerning aspects of the case were that he had refused to engage constructively with treatment, and he had not disclosed the identity of the person he got the gun from.

Held: notwithstanding the very short period of time with which the appellant was in possession this was a case in which an immediate custodial sentence was necessary. The judge was unquestionably right to depart from the minimum sentence. A sentence of 2 years to take account of the extenuating features including credit for a guilty plea cannot be said to be manifestly excessive.