Firearms – Possession with intent to cause fear of violence

The structured 5-step process

1. Offence category. Determine harm and culpability (usually 1-3 each) — this gives a 3×3 grid.
2. Starting point and range. The guideline specifies a starting-point sentence for each cell of the grid plus a range above and below.
3. Adjust for factors. Apply statutory and offence-specific aggravators (e.g. previous convictions, on bail, hate motivation) and mitigators (e.g. first offence, age, sole carer status).
4. Guilty-plea reduction. Up to one-third reduction for plea at first reasonable opportunity (sliding scale down to 10% if pleaded at trial).
5. Totality, ancillaries, reasons. Consider concurrent/consecutive sentences, ancillary orders (compensation, restraining, driving disqualification, victim surcharge), and give reasons.

Factors increasing seriousness

Verbatim from the Sentencing Council guideline (non-exhaustive list).

• Previous convictions
• Offence committed whilst on bail
• Offence motivated by, or demonstrating hostility based on any of the following characteristics or presumed characteristics of the victim: religion, race, disability, sexual orientation or transgender identity
• Firearm is prohibited under section 5 and subject to minimum term (taking care to avoid double counting with minimum term provisions)
• Firearm under section 5(1)(a) (automatic weapon)
• Firearm modified to make it more dangerous
• Steps taken to disguise firearm (where not firearm under section 5(1A)(a))
• Imitation firearm is readily convertible
• Steps taken to make imitation firearm appear more realistic (See step 7 on totality when sentencing for more than one offence.)
• Firearm/ammunition held with multiple weapons and/or substantial quantity of ammunition (See step 7 on totality when sentencing for more than one offence)
• Offence committed in a domestic abuse context
• Offence was committed as part of a group
• Offence committed to further organised criminal activity (except where already taken into account at step 1)
• Expectation of substantial financial gain (except where already taken into account at step 1)

Factors reducing seriousness or reflecting personal mitigation

Verbatim from the Sentencing Council guideline (non-exhaustive list).

• No previous convictions or no relevant/recent convictions
• Positive character and/or exemplary conduct (regardless of previous convictions)
• Firearm incomplete or incapable of being discharged (including stun gun that is not charged and not held with a functioning charger)
• Imitation firearm is unrealistic and unconvincing
• Involved through coercion, intimidation, or exploitation
• Voluntary surrender of firearm
• Offender co-operated with investigation and/or made early admissions
• Remorse
• Serious medical condition requiring urgent, intensive or long-term treatment
• Age and/or lack of maturity (which may be applicable to offenders aged 18-25)
• Mental disorder or learning disability
• Sole or primary carer for dependent relatives