R v Willingham (No 2)

This matter concerned an application for permission to appeal against conviction and sentence by the appellant, who had been convicted on two counts of possessing a firearm without a licence. The central dispute revolved around the legality of the searches that led to the discovery of the firearms and, consequently, the admissibility of that evidence. The appeal was heard by Gray, Sulan, and Stanley JJ.

The court was required to determine two primary legal issues. Firstly, whether the searches conducted were illegal and, if so, whether the evidence obtained from those searches should have been excluded from the trial. Secondly, in relation to the appeal against sentence, the court had to consider whether the sentencing judge had the power to impose both a term of imprisonment and fines on the appellant for the firearms offences, particularly in light of the appellant's breach of a suspended sentence bond.

Regarding the conviction, the court held that the searches were not illegal and that the evidence of the firearms was therefore admissible. Consequently, permission to appeal against conviction was granted, but the appeal itself was dismissed. In relation to the sentence, the court found that the sentencing judge had erred in imposing both imprisonment and fines. Accordingly, the appeal against sentence was allowed, and the appellant was resentenced.