Key Facts
- •Orion Cowan (aged 19) pleaded guilty to possession of an offensive weapon (knuckledusters) contrary to section 1(1) of the Prevention of Crime Act 1953 and failing to surrender to custody contrary to section 6(1) of the Bail Act 1976.
- •Offences committed after June 28, 2022, triggering mandatory minimum sentence provisions of section 315 of the Sentencing Act 2020.
- •Cowan had a previous conviction for possession of a bladed article in 2016.
- •Recorder Jones KC sentenced Cowan to five months for the weapon offence and one month consecutive for failing to surrender, totaling six months.
- •Cowan appealed the sentence.
Legal Principles
Mandatory minimum sentence for possession of an offensive weapon applies unless exceptional circumstances exist (section 315 of the Sentencing Act 2020).
Sentencing Act 2020, section 315
Exceptional circumstances must be truly exceptional, not commonly applicable, and must relate to the offence or offender (Sentencing Guidelines).
Sentencing Guidelines for Possession of Offensive Weapons (post-June 28, 2022)
Totality principle requires consideration of all sentences imposed on an offender to ensure overall fairness.
Case law and general sentencing principles
Credit for guilty pleas should be applied unless it reduces the sentence below 80% of the minimum (section 73(3)(a) of the Sentencing Act 2020).
Sentencing Act 2020, section 73(3)(a)
Minimum term of detention in a young offender institution is 21 days (section 263(2) of the Sentencing Act 2020).
Sentencing Act 2020, section 263(2)
Outcomes
Appeal allowed in part.
The court found the six-month sentence for possession of the offensive weapon manifestly excessive due to exceptional circumstances (lengthy gap since previous offence, young age at previous offence, different type of weapon involved). The one-month sentence for failing to surrender was also deemed excessive.
Five-month sentence for possession of offensive weapon quashed and replaced with six weeks.
Exceptional circumstances justified a departure from the mandatory minimum sentence.
One-month sentence for failing to surrender quashed; no separate penalty imposed.
Sentence was excessive given the guidelines and mitigating circumstances.