The Criminal Cases Review Commission has referred to the Court of Appeal the conviction and automatic life sentence for possession of an imitation firearm of John Williams.
Mr Williams was convicted on 12 July 1999 at Lewes Crown Court of robbery and possession of an imitation firearm. He pleaded guilty to both offences.
The prosecution contended that Mr Williams had stolen a bottle of whisky from a supermarket in Lewes Road, Brighton, whilst using a wine bottle, concealed in a bag, as an imitation firearm.
Having committed serious offences in the past, Mr Williams was subject to an automatic life sentence pursuant to Crime (Sentences) Act 1997, section 2.
Mr Williams was refused leave to appeal by a Single Judge in November 1999. He applied to the Full Court, which dismissed his appeal in February 2000.
Mr Williams applied to the Commission on 9 October 2003. The Commission made a decision not to refer the case in August 2004. This decision was based, in part, on the Court of Appeal’s decision in R. v. Bentham which considered the interpretation of “imitation firearm” for the purposes of the Firearms Act 1968.
In March 2005 the House of Lords allowed an appeal in the case of Bentham, which overturned the Court of Appeal’s earlier decision. The Commission invited Mr Williams to re-apply and has now decided to refer the conviction and, consequently, the sentence of life imprisonment.
The Commission is the independent public body set up by Parliament in 1997 to investigate possible miscarriages of justice in England, Wales and Northern Ireland to decide if they should be referred to the appeal courts.
Mr Williams is represented by Mike Tyler of Tremletts, 69 Grand Parade, Brighton, BN2 9TS, Tel 01273 60331
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