Read the full judgment text of CAAR 000005/1989 on BabelCite. This Court of Appeal judgment was delivered on 11 August 1989 before Cons, Ag. C.J., Power & Macdougall, JJ.A..
Criminal law – Firearms and Ammunition Ordinance – possession of imitation firearm contrary to s.20(1), Cap 238 – magistrate purported to suspend sentence of imprisonment – suspension ultra vires as offence not listed in Third Schedule to Criminal Procedure Ordinance, Cap 221, read with ss.109B and 109G – duty of counsel to be familiar with relevant sentencing powers – Attorney General's application for review of sentence – respondent previously convicted of going equipped for stealing in 1984, a scheduled offence, engaging enhanced seven-year ceiling under s.20(2) – favourable probation report showing steady employment and methadone treatment – respondent subsequently convicted of possession of dangerous drug and detained in drug addiction treatment centre – request for absolute discharge refused because custodial sentence normally appropriate – in light of unusual circumstances and tortuous course of proceedings, substitute sentence of imprisonment imposed of such term as would allow immediate release – application granted.
Legal issues: Lawfulness of suspended sentence for imitation firearm possession · Appropriate substitute sentence on review
Outcome: Application for review granted; the ultra vires suspended sentence is set aside and a term of imprisonment is substituted of such length as would allow the Respondent's immediate release.