[2007] EWCA Crim 1735

Two Courts Martial had misdirected themselves as to the five-year mandatory minimum term sentencing provisions contained within the Firearms Act 1968 s.51A , since the Criminal Justice Act 2003 s.305 excluded armed forces servicemen from the provision. However, although not bound by the civilian minimum term, the Army Act 1955 s.70 suggested that it was a sensible starting point from which to operate when determining the appropriate sentence.

CA (Crim Div) (Latham LJ (VP CA Crim), Royce J, Underhill J)

27/06/2007