Coutts, R. v

For an offence involving an imitation firearm and intent to cause fear of violence, sentence must reflect that an imitation weapon is less dangerous than a genuine firearm. Serious aggravating features, including threats to children in public and intoxicated, uncontrolled conduct, may justify immediate custody. They do not justify a sentence outside the established sentencing range for imitation firearms.

A timely guilty plea must receive full credit. Where the proper post-trial starting point is 18 months’ imprisonment, full credit results in a sentence of 12 months’ imprisonment.

The applicant pleaded guilty in the Crown Court at Bolton to possessing an imitation firearm with intent to cause fear of violence. While intoxicated, he threatened two women and several children in a public place with an imitation gun which could not be fired.

The sentencing judge imposed 18 months’ imprisonment, notwithstanding the applicant’s guilty plea, limited previous offending, employment and favourable character evidence. The applicant appealed against sentence. The issue was whether the sentence properly reflected sentencing authority concerning imitation firearms and the credit due for his plea.

1. Appeal allowed. The sentence of 18 months’ imprisonment was quashed and replaced with 12 months’ imprisonment.

2. The court applied the sentencing distinction identified in R v Avis [1998] 2 Cr App R(S) 178: the nature of the weapon is material, and genuine firearms are more dangerous than imitation firearms. The authorities concerning imitation weapons showed a lower sentencing range than that adopted by the judge.

3. The offence nevertheless had substantial aggravating features. The appellant threatened young children and two women who were lawfully in a public place and had no connection with the alleged provocation. His intoxication and loss of control increased the fear caused by his conduct.

4. Those features justified a custodial sentence, but not one of 18 months after full credit for a guilty plea. That sentence necessarily reflected a post-trial starting point of two years and three months, which was manifestly excessive having regard to the sentencing trend for imitation firearms.

5. The proper post-trial starting point was 18 months’ imprisonment. Full credit for the timely guilty plea reduced it to 12 months’ imprisonment.

• Court of Appeal (Criminal Division): Leave to appeal against sentence was granted. The appeal was allowed and the sentence was reduced from 18 to 12 months’ imprisonment.

• Crown Court at Bolton: On 16 June 2008, following a guilty plea on 15 May 2008, the applicant was sentenced to 18 months’ imprisonment.