Williams, John

John Williams was convicted in July 1999 at Lewes Crown Court of robbery and carrying a firearm during the commission of an indictable offence with criminal intent. He pleaded guilty to both offences.

The prosecution contended that Mr Williams had robbed 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 the Crime (Sentences) Act 1997, section 2.

The CCRC received an application for review of the conviction and sentence in in March 2005.

Following review, the CCRC concluded that in light of House of Lords’ decision in the case of R v Bentham (2005) that fingers pointed inside a pocket could not constitute an imitation firearm for the purposes of this offence, Mr Williams was afforded an arguable defence and may not have pleaded guilty had he been aware of it.

The CCRC further considered that if Mr Williams’s conviction were quashed, then he would no longer satisfy the terms of the Crime (Sentences) Act 1997 and should not have been subject to the imposition of an automatic life sentence.

The CCRC referred the conviction and sentence in August 2005.

The Court of Appeal upheld the conviction and sentence in June 2006.