Podmore [2018] EWCA Crim 2463

The appellant was sentenced to 2 months immediate imprisonment for possession of an offensive weapon, a hammer of the type used to smash train windows. He had a mild intellectual disability and no previous convictions. He appealed on the ground that the sentence should have been suspended. It was assumed the sentencing judge had in mind that appropriate punishment could only be achieved by immediate custody. The Court agreed that 2 months imprisonment was well within the range of responses open to the sentencing judge.

Held: the appellant had strong personal mitigation, the term was short and there was a reasonable prospect of rehabilitation. The sentence was quashed and substituted with a 2 month sentence suspended for 12 months.