These guidelines and accompanying notes are drawn from the Court of Appeal’s decision in R v Celaire and Poulton [2003] 1 Cr App R (S) 116
Key factors
- Concurrent sentences may be appropriate if the weapons offence is ancillary to a more serious offence; consecutive sentences may be appropriate if the offences are distinct and independent. Refer to Totality guideline and consult your legal adviser for guidance.
- When assessing offence seriousness, consider the offender’s intention, the circumstances of the offence and the nature of the weapon involved.
- Some weapons are inherently more dangerous than others but the nature of the weapon is not the primary determinant of offence seriousness. A relatively less dangerous weapon, such as a billiard cue or knuckle-duster, may be used to create fear and such an offence may be at least as serious as one in which a more obviously dangerous weapon, such as a knife or an acid spray, is being carried for self-defence or no actual attempt has been made by the offender to use it.
- Nevertheless, the fact that the offender was carrying a weapon which is offensive per se may shed light on his or her intentions.