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    ladyraw's Avatar
    ladyraw Posts: 1, Reputation: 1
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    #1

    Feb 6, 2011, 10:02 AM
    Please answer urgently
    An adult aged 22 who has commtied armed robbery with an imation firearm was caught buy poilce but did not resist arrest nothiing was taken from the store was then charged with to counts of robbery and possession of a firearm is on remarnd due in court on April 12 at the old baliley what sentence are they looking at bearing in mind this is there first offence and its out of charter
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Feb 6, 2011, 10:11 AM

    Ask your lawyer... because you ARE going to need one. They will know all the details of your charges. As far as I know... use of a firearm in the commission of a crime carries a manditory minimum of 5 years on its own... in addition to the penalty for the actual crime. And a fake gun if represented as a real gun during the crime.. counts just like a real gun would.

    What state and country did this occur in? ( I was assuming somewhere in the USA)
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Feb 6, 2011, 10:24 AM

    Hello l:

    Statutory Limitations & Maximum Penalty: Life
    S15A CJA 2003 applies - where, at some time during the commission of the offence, the offender had in his possession a firearm or an imitation firearm.

    Offences committed before 4/4/2005 note:

    * S109 PCC(S)A 2000 Mandatory life sentence if previous conviction for a "serious offence"
    * S80(2) PCC(S)A 2000 Longer then commensurate sentence
    * S85(2)b PCC(S)A 2000 Extended sentence

    Aggravating & Mitigating Factors

    * Professional hallmarks
    * More than one offender or gang
    * Detailed reconnaissance and planning
    * Carrying firearm or ammonia
    * Firearm real
    * Disguise/balaclavas worn
    * Substantial Gain - intended or obtained
    * Firearm discharged or ammonia used
    * Injury caused to victim

    excon

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