R v Stephen Blackmore
[2024] EWCA Crim 993
R v Martin Adams
26 January 2024
[2024] EWCA Crim 108
Court of Appeal
A man with a violent past threatened someone with a broken glass. He got 27 months in jail. The appeal court agreed the sentence was tough but not unfairly so, given his history of violence.
Key Facts
- •Martin Adams (54) appealed his 27-month sentence for possessing an offensive weapon (broken wine glass) contrary to section 1(1) of the Prevention of Crime Act 1953.
- •The incident occurred after an altercation in a pub, where Adams followed another man outside wielding the broken glass.
- •Adams had a significant criminal record, including convictions for attempted murder (2011) and inflicting grievous bodily harm (2018).
- •Adams initially pleaded not guilty, changing his plea on the trial day after seeing evidence (body-worn footage).
- •The sentencing judge considered the aggravating factors (prior convictions, attempt to conceal the offence, intoxication) and increased the sentence beyond the guideline range.
- •The appeal focused on whether the judge's upward adjustment of the sentence was excessive.
Legal Principles
Sentencing guidelines for possessing an offensive weapon.
Prevention of Crime Act 1953, section 1(1)
Consideration of aggravating factors in sentencing.
Sentencing Council guidelines (implied)
Appellate review of sentencing decisions.
Court of Appeal Criminal Division precedent (implied)
Outcomes
Appeal dismissed.
The Court of Appeal found the sentencing judge's categorization of the offence and identification of aggravating factors to be appropriate. While acknowledging the severity of the sentence, the court concluded it was not manifestly excessive.