Bent, R. v

Possession of a firearm with intent to cause fear of violence in a public setting is a serious offence which ordinarily merits an immediate custodial sentence, even where the weapon is an unloaded air pistol that may lawfully be possessed.

Sentence must nevertheless reflect the precise context. A brief and unpersisted display following a road confrontation, coupled with good character and good conduct in custody, justified a substantial reduction from 12 months to four months’ detention.

The appellant pleaded guilty at Isleworth Crown Court to possession of a firearm with intent to cause fear of violence and to possession of cannabis. He was sentenced to 12 months’ detention in a young offender institution for the firearm offence and one month concurrently for the cannabis offence.

During a road incident, the appellant briefly showed an unloaded air pistol to another driver after an exchange of gestures. The weapon was not prohibited and was being lawfully transported. The appeal, brought with leave of the single judge, challenged the immediate custodial sentence and its length.

1. The appeal was allowed in part. Immediate custody was not wrong in principle. The deliberate use of a firearm to cause fear in a public setting was serious, notwithstanding that the weapon was an unloaded air pistol capable of lawful possession.
2. The sentence of 12 months’ detention was, however, excessive. The court gave weight to the limited context of the offence: it arose from a brief exchange between drivers, the firearm was shown only for seconds, and the appellant did not persist by following the complainant.
3. The appellant’s good character, previous responsible employment and good conduct while in custody further reduced the appropriate sentence. A term of four months’ detention was substituted for the firearm offence, resulting in his immediate release. The concurrent one-month sentence for cannabis was unaffected.

• Court of Appeal (Criminal Division): Allowed the sentence appeal in part and substituted four months’ detention for the firearm offence.
• Crown Court at Isleworth: On 26 June 2009, imposed 12 months’ detention for possession of a firearm with intent to cause fear of violence, with one month concurrently for possession of cannabis.