Oddy, R v

Sentencing for a firearm offence requires an assessment of the weapon, its use, the offender’s intention, and the offender’s record. A genuine loaded firearm, deliberately taken to a domestic confrontation, pointed at the victim and discharged, places an offence of possession with intent to cause fear of violence at the serious end of the scale. A previous firearm conviction is an aggravating feature. The court should fix the appropriate sentence for the offending and then make proper allowance for a guilty plea.

The appellant pleaded guilty at Northampton Crown Court to possessing a firearm with intent to cause fear of violence. He had entered his estranged wife’s home with a loaded gun during a domestic dispute, pointed it at her, and fired above her head. He received seven years’ imprisonment; three related counts were left on the file.

He appealed against sentence with leave. The central issue was whether seven years was excessive, having regard to the seriousness of the firearm offence, his previous conviction for possessing a firearm while prohibited, and credit for his guilty plea.

1. Appeal allowed to a limited extent. The sentence was reduced from seven years’ imprisonment to six years’ imprisonment.

2. The court applied the sentencing guidance in R v Avis & Ors [1998] 2 Cr App R(S) 178. It required consideration of the weapon, its use, the offender’s intention, and the offender’s record.

3. Each factor materially aggravated the offence. The weapon was a genuine loaded firearm. The appellant had deliberately taken it to the complainant’s home, pointed it at her and fired above her head. His admitted purpose was to cause fear of violence, and the actual discharge made the offence especially grave within the range of offences under section 16A of the Firearms Act.

4. Although the appellant had no conviction for actual violence, his earlier conviction for possessing a firearm while prohibited was a significant aggravating feature. The absence of injury did not detract from the real danger or the terror caused.

5. Having compared the case with the sentencing levels in Avis, the court considered that eight years was the proper sentence before plea credit. A reduction of 25 per cent for the guilty plea produced a sentence of six years. The original seven-year sentence was therefore twelve months too long.

• Court of Appeal (Criminal Division) — by [2009] EWCA Crim 245, allowed the sentence appeal to a limited extent and substituted six years’ imprisonment.
• Northampton Crown Court — on 13 October 2008, following the appellant’s guilty plea, imposed seven years’ imprisonment for possession of a firearm with intent to cause fear of violence.