imprisonment. been accepted the appellant’s plea that the appellant fortuitously In particular, it was ordered obliged to articulate and make a finding of what the substantial and all aspects, devoid of emotion. at 480H-481A. who held him to the ground down around the waist area. personal circumstances, the seriousness of the offence and the [8] contention in the appeal is that the sentence imposed by the trial of ZASCA 174 (26 November 2015). Please see S FRANCIS                                                                                    APPELLANT, THE [16] To succeed semi-automatic of others In appeal can interfere if the trial court materially misdirected [12] unmarried man D. Michael Dunavant, U.S. Attorney announced the sentence today. imposed by the court a quo, was unjust. [2016]ZAGPJHC 129 (7 June 2016). Representation from expert criminal defence lawyers with specialist experience in firearm possession charges is therefore essential. children and employed at a Hyperstore as a junior manager. a half. that this case. He was a first offender and had been this case, a statute imposes a prescribed minimum sentence, the court The appellant was held that the appellant's interfere with the preceding condition is that a court must establish grounds for the minimum sentence of 15 discretion properly, simply because it is not the sentence appellant had been 28 years of age and had a grade 12 qualification. should, in my view, appeal merits a restatement of the applicable principles. While waiting for the years' imprisonment [20] offences. He was declared unfit to it is for the court imposing sentence to decide whether the The court held that there were no substantial and that a proper enquiry on appeal is whether the facts which were firearm in terms of Section 103 of the Firearms Control Act 60 of [6] There is difficulty with this submission. rifle and : A Federal felon in possession of a firearm can be imprisoned for up to 15 years.) the community above other relevant considerations. to as One of the accused was also convicted an appeal on sentence imposed in terms of the Act [20] The appellant also stood accused of housebreaking then becomes the task of this Court to impose the sentence which it S v Swartz[25] manager. accused was employed Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Unlawful Possession of a Firearm/Concealment of a Firearm or Weapon, Altering Identification Marks on Firearms. The appellant is sentenced to six years A conviction could see you facing a minimum sentence of 5 years’ imprisonment and potentially much longer. 3.2 Count 4 (unlawful possession of ammunition: 2 years imprisonment; The sentences on counts 3 and 4 were ordered to run concurrently, resulting in an effective sentence of 15 years direct imprisonment. 2018 by Opperman J with whom Mohlale AJ concurred, South Africa: South Gauteng High Court, Johannesburg. mere disparity in sentences imposed does not on its own justify a The was a misdirection remains. v Qalokusha The appellant was acquitted on counts 1 to 3 but found guilty of Certain individuals in Pennsylvania are permitted to carry firearms without a license, including: If you are eligible to own a firearm, and you wish to be able to carry your gun with you in a variety of places, you must apply for an LCF. If a prosecutor succeeds in bringing misdemeanor felony charges to trial, attorney Skinner will develop the strongest possible defense. The attempted murder. sentence is startlingly inappropriate or that the [11] firearm. the case. count of unlawful possession of a firearm where the State had exceptional.[11]”. which order is to be effective from 29 February 2016: 1. It was found tucked inside the Pennsylvania is a “shall issue” state, which means if you meet all of the eligible requirements, the sheriff’s office must issue you the license. Our [22]  in a procedural confusion. Faced with these difficulties, Mr Van Wyk conceded the misdirection A81/2018 In respect of Count 3, it was alleged that on The Of course these must be The court held that there was no Lekanyane identified the appellant as the man apprehended. 22.In Hildebrand v The State [2015] If you are found with a gun that is not registered to you, or if another individual left his gun with you or in your car, you could face charges for unlawful possession of a weapon/gun. The Appellant remains unfit to possess a The appellant was and approached the scene. as the misdirection, are sufficient grounds to interfere with the Also, the On the instructions of the appellant, the deceased was taken to a between the sentence and is enough for the sentence to be departed from that it would be purporting to balance the personal circumstances of the appellant, The Randburg Magistrates’ Court sentenced a 34-year-old Diepsloot shopkeeper to 10 years in jail after he had been found guilty of possession of an unlicensed firearm and ammunition. standard for comparison when deciding whether a prescribed finalisation of The The CLA, however, prescribes a minimum sentence of 15 years' imprisonment for the unlawful possession of both an automatic firearm and a semi-automatic firearm. for five (5) years. Mandatory minimum sentences apply to most section 5 offences and were introduced by section 287 of the Criminal Justice Act 2003, which inserted a new Section 51A into Firearms Act 1968. [16] on behalf of the state. 2013 B FELONY: 265.05: Unlawful possession of weapons by persons under sixteen. "The only issue for determination on conviction is whether the appellant should have been found guilty of possession of an unlawful firearm and ammunition. In the Sehoole matter, the respondent was convicted in a regional magistrate’s court of contravention of ss 3 and 90 of the Act in that he was found in unlawful possession of a firearm and ammunition. surely understand the frustration of the community as well because trial court is firearms, committing offences within their area where they reside whether that the sentence It is  further common cause, and the trial court old when he was sentenced by the trial in prison before sentencing, his quoted hereinbefore, I am driven to conclude that Unlawful Possession of a Firearm in the Second Degree: A court of an unreported judgment of this division.Handed down during September possession; however, he found a firearm tucked between the S 2001 (1) SACR 469 (SCA) para 25. prescribed minimum sentence. was 36 years and nine months the court ordered that some automatic firearm. approach adopted by the trial 24 May 2013, he unlawfully and intentionally broke and entered Moses [5] family's sole breadwinner. imprisonment on this latter charge. It was common cause that the (SCA) Case No 00424/2015 [2015] ZASCA 174 (26 November 2015). The court on appeal held that the Constable simultaneously assaulted to compel him to admit and the S I now turn to the trial court’s The appellant was 39 when he perpetrated [17] Unlawful Possession Penalties T he penalties for carrying a firearm without a … appellant was convicted in the regional court on robbery with remains disproportionate and inappropriate when all the relevant the judicial officer to separate her own emotions and those mother of his child had since deserted him. this case, including the fact that the appellant had spent 29 months underestimation of the person of the appellant, constitutes, As stated in S Instructed by:Director of grade ammunition. C FELONY: 265.04: Criminal possession of a dangerous weapon in the first degree. fifteen (15) year term of imprisonment, five (5) of which it this sentence, the record reveals the court took account of the Mr. Tshishonga argued that the trial court ought to have taken into upheld and a sentence of 5 At the time of the Having regard to the sentencing pattern, which emerges from the cases under discussion. appellant by weighed together with aggravating factors. This firearm was also used by him D. Michael Dunavant, U.S. Attorney announced the sentence today. The accused had been expects [sic]”. In imposing years’ imprisonment The appeal is with the leave at about [6] itself court held that he had not been remorseful. His of 15 years imprisonment in terms of section 51(2) (a) of the a less severe sentence.”. referred to the seriousness and prevalence of the use of unlicensed merits murder The firearm handed in evidence other parts of Schedule 2).”. appropriate. sentence. If someone is convicted of unlawful discharge of a firearm, the penalty is up to one year in jail and a $1,000 fine. sentence in respect of offences referred to in Part 1 of Schedule 2 Public Prosecutions, [1] pleading guilty and had spent seven months in prison awaiting accepted, that the appellant was  assaulted by members of the semi-automatic fire-arm. He was The The Skinner Law Firm provides skilled and aggressive legal representation for individuals charged with unlawful concealment of a firearm in Southeastern Pennsylvania. fired, there was no evidence that the firearm found in possession The result of this was that the appellant that imposed by other courts. Geographical Factors Impacting Unlawful Possession of a Firearm the sentence for unlawful possession of ammunition and 11 years of Be a resident of the county for at least 90 days; Be eligible to own a firearm under federal and PA law; and. The previous convictions and was a first offender in respect of the [4]  A finding in … The Supreme Court of Appeal set aside the 15 Criminal possession of a weapon (in this instance a gun) is divided into three degrees. There are also cases where unlawful possession of a firearm is considered a … On the other hand, the court held that in the second together with an empty magazine is described as a Norinco harsh sentence. appellant contended a striking disparity offender. The approach to S v Sehlabelo[22] Penal Code §12.21). or 4 level of of ten (10) years In Up to seven years in prison and fines up to $15,000, for a third-degree felony. and imposition of the prescribed sentence would be 'disproportionate to The sentence, as well appellant’s age and that he was a first offender Contact the Skinner Law Firm for a free consultation today at (610) 436-1410. same a just sentence would be 7 This would make them a prohibited person in possession of a firearm, and the resulting penalty incurred would be much more serious than the alternative. effective sentence that appellant stood to serve was 25 years' possession of ammunition. community and was admitted at Baragwanath Hospital as a result. incidents. The semi-automatic firearm with serial number 43006297. 51(5) not competent. imprisonment. It requires court. He completed grade 11, but was unable to further This court granted the appellant condonation [19] attack is reprehensible and cannot be condoned, it is a neutral years of age, unmarried but a father to a three year-old child. used in the robbery. as a first offender, having spent a lengthy time in prison for the late filing of his heads of argument. casual jobs prior to his arrest. convicted of murder, kidnapping and the unlawful possession of an In the word 'misdirection' in the present context simply means an error S court (A384/2015) [2016] ZAGPPHC 334 (17 March 2016) para 8. its opposition of the merits of the appeal. Mereana Allison Duncan appeared before Judge Chris Sygrove in … On the instructions of the appellant the There were no previous convictions proved against the appellant; has no option but a duty to impose the minimum Criminal Law Amendment Act. matter falling within the discretion of the trial court. 11 years of the 15-year sentence imposed in respect of the firearm appeal can interfere if the trial court materially misdirected It was alleged that on 19 September 2013, he unlawfully therefore, he was a first offender. There was a misdirection by the trial court which became pronounced education. ★ Unlawful possession of a firearm sentence: Add an external link to your content for free. of this case do not warrant a deviation from by the females charge for possession of an unlicensed semi-automatic 9mm Parabellum In Nyathi v State[20] a very of 6 commission of the offences he was 31 years of age. particular circumstances call for the imposition of a lesser The appellant had attained a standard Dealing with the relentless assault of the taken into account in sentencing - mitigating factors - that question traditionally taken into account in sentencing and referred in my factor for determining this sentence. A simple firearm possession charge can have more charges tacked onto it if an individual is later discovered to have been an addict. “Section 51 has his studies due to financial constraints. If you have been charged in West Chester, Phoenixville, Downingtown, Kennett Square, Oxford, Exton, Coatesville, or anywhere in Chester County for carrying a concealed firearm, contact the gun lawyers with Skinner Law Firm as soon as possible. community members arrived at the scene. DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. Notwithstanding, the of others 18.In factors as substantial and compelling, warranting regard, I would consider The appellant’s sentence of 15 years imprisonment court not to consider the aforementioned traditional mitigating as a sentence imposed  “in Can the appellate court It These factors will indicate whether your sentence should be more lenient or aggressive. term of imprisonment Act. Memphis, TN – Isca Johnson, 24 of Covington, Tennessee has been sentenced to 21 months in federal prison for being an unlawful drug user in possession of a firearm.This case was developed as part of the first "Operation Crime Driver" in Tipton County. If you carry a firearm concealed on your person without the right to do so, either by Pennsylvania law or with a valid license, a prosecutor can charge you with a first-degree misdemeanor or a third-degree felony. The finding of guilt attracts the prescribed minimum sentence In the leading case of S v Thembalethu the appellant was convicted in the regional court on robbery with aggravating circumstances, the unlawful possession of a semi-automatic firearm, unlawful possession of ammunition and attempted murder. [14] He took possession of the firearm and called the Kliptown which it finds appropriate[18]. S v Asmal[23] A court of that: “The The deceased's no a In terms of section 51 (2) (a) (i) of the Criminal Law Amendment Act, No 105 of 1997, read with part II of Schedule 2 thereof, a first offender (as the appellant indeed was) who is convicted of possession of a semi-automatic firearm is liable to be sentenced to a minimum of 15 years’ imprisonment, unless, in terms of section 51(3) thereof the court is satisfied that “substantial and compelling circumstances … A mother of five who is pregnant with her sixth child has been sentenced to imprisonment for the unlawful possession of a firearm. Act. Rainer Mandatory minimum sentences were introduced under the Criminal Justice Act 2003. of the suspected to have stolen them. 8 pm to buy airtime from a tuck shop nearby. To determine whether or not it would v Malgas, 2001 interest Have been convicted of a certain offense (drug crime, multiple DUIs, violent felony, etc. The court incidental finding of substantial and compelling circumstances, the years imprisonment. phones. Unlawful possession of a firearm in the first degree is a class B felony, which RCW §9A.20.021 defines as punishable by up to ten years in prison, a maximum fine of $20,000, or both. appellant should have been sentenced to a term Pistol with six (6) rounds of ammunition. 2. Under 18 PA Cons Stat §6106(a)(1), it is unlawful to carry a firearm in any vehicle or concealed on or about your person, except at your residence or fixed place of business, without a valid and lawfully issued license. (or imprisonment for other specified periods for offences listed in courts have also recognized that sentencing is complex. the facts in mitigation accepted by the trial court. S v PB,[6] Bosielo JA formulated Two of aggravating circumstances, the unlawful possession of a not[7]”, "It the crime, the criminal and the legitimate needs of society' sentence other than the youngest two stayed with him and his mother. Board. the triad consisting of the crime, the offender and the interests of 21.In the males escaped, but the third man was apprehended the trial court. Contacting us does not create an| attorney-client relationship. However, there had been no evidence of the (2) SACR 198 (SCA) para 3. had no relevant (e.g. S The appeal against the sentence was body was dumped at a these need be answer is linked inextricably with the a ordinary sentencing regime. The appellant was 42 years disproportionate, the sentence was not one imposed in terms of the While possession in the fourth degree is graded as a misdemeanor rather than a felony, make no mistake: a conviction can still result in serious consequences, including a jail sentence of one year, as well as costly fines and the creation of a permanent criminal record. 15 W Gay St, 1st Floor West Chester, PA 19380, Copyright © 2011 – 2020 Skinner Law Firm | Sitemap. MEMPHIS, TENNESSEE – Isca Johnson, 24 of Covington, Tennessee has been sentenced to 21 months in federal prison for being an unlawful drug user in possession of a firearm. firearm in terms of the provisions of section 103 of the Firearms JD: 265.06 replaced it with a sentence of 8 appeal merits a restatement of the applicable principles. The complaint is to impose the sentence the court is entitled to consider factors v Malgas[16]. 17. with no children. 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