Miscellany of sentencing issues

Abstract

Aged in his mid-30s with a substantial criminal record, some convictions involving violence, B. was subject of security intelligence while a serving prisoner at HMP Lindholme alleging that he had an unauthorised item acquired through his employment in an industrial workshop. When challenged he produced an improvised weapon, a piece of metal sharpened to a point and attached to a handle, described by the judge as ‘fairly fearsome’ and capable of causing ‘real damage’. On pleading guilty to possession of a bladed or sharply pointed article (Prison Act 1952 s40CA) B. was committed to the Crown Court for sentence, incurring 10 months imprisonment. The judge had placed the offence within Culpability category A (possession of bladed article or ‘highly dangerous weapon’*), as set out in the relevant Guideline (Bladed Articles and Offensive Weapons, 2018) starting point after contested trial of 18 months with a range between 12 and 30 months. On appeal it was argued on B.’s behalf that he should have been sentenced by reference to Culpability category C [‘possession of weapon (other than a bladed article or a highly dangerous weapon) – not used to threaten or cause fear’] – thus indicating a starting point of 6 months with a range between 3 and 12 months. The Court of Appeal gave this argument short shrift, observing that the judge had been fully justified in ‘treating this dangerous sharply pointed implement as akin to a bladed article for sentencing purposes’. Appeal dismissed.