Report on Mandatory Sentences - Law Reform Commission

§2D1.13, §2D2.1, §2D2.2, §2D3.1 and §2D3.2 prescribe the same mandatory minimum sentence for the
underlying offence as for attempts and conspiracies to commit any offence of importation or exportation.
(II)
Firearms Offences
4.132 §924(c)(1)(A)(i) and §2K2.4 stipulate that an additional penalty of five years must be imposed for
using or carrying a firearm during a crime of violence or drug trafficking crime. §924(c)(1)(A)(ii) and
§2K2.4 stipulate that an additional penalty of 7 years must be imposed for brandishing a firearm during a
crime of violence or drug trafficking crime. §924(c)(1)(A)(iii) and §2K2.4 stipulate that an additional
penalty of 10 years must be imposed for discharging a firearm during a crime of violence or drug
trafficking crime. §924(c)(1)(B)(i) and §2K2.4 stipulate that an additional penalty of 10 years must be
imposed for possessing a firearm that is a short-barrelled rifle or shotgun. §924(c)(1)(B)(ii) and §2K2.4
stipulate that an additional penalty of 30 years must be imposed for possessing a machinegun,
destructive device or firearm equipped with a silencer or muffler.
4.133 §924(c)(1)(C)(i) and §2K2.4 stipulate that an additional penalty of 25 years must be imposed for a
second or subsequent conviction under §924(c)(1)(A). §924(c)(1)(C)(ii) and §2K2.4 prescribe a minimum
sentence of life for a second or subsequent conviction under §924(c)(1)(A), with a machine gun,
destructive device or firearm equipped with a silencer or muffler. §924(c)(5)(A) and §2K2.4 stipulate that
an additional penalty of 15 years must be imposed for possession or use of armour-piercing ammunition
during a crime of violence or drug trafficking crime. §924(e)(1) and §2K2.4 prescribe a minimum
sentence of 15 years for possession of a firearm or ammunition by a fugitive offender or addict, who has
three convictions for violent felonies or drug offences. §929(a)(1) and §2K2.4 stipulate that an additional
penalty of five years must be imposed for carrying a firearm during a violent offence or drug trafficking
crime.
(III)
Other
4.134 Minimum sentences are also prescribed for: (i) certain immigration offences; 269 (ii) identity
theft; 270 (iii) sexual offences against children; 271 (iv) production, possession or use of fire or explosives; 272
(v) airplane hijacking; 273 (vi) obstruction of justice; 274 (vii) illegal food stamp activity; 275 (viii) kidnapping; 276
(ix) hostage-taking; 277 (x) bank robbery, racketeering, and organised crime; 278 (xi) fraud, bribery and white
collar crime; 279 (xii) piracy; 280 (xiii) certain types of assault or battery; 281 (xiv) interference with civil service
269
270
271
272
273
274
275
276
277
278
279
§1324(a)(2)(B)(i) and §2L1.1; §1324(a)(2)(B)(ii) and §2L1.1; and §1326(b)(3) and §2L1.2.
§1028A(a)(1) and §2B1.6; and §1028A(a)(2) and §2B1.6.
§1591(b)(1), §2G1.1, §2D2.1 and §2G1.3; §1591(b)(2), §2G1.1, §2D2.1 and §2G1.3; §2251A(a) and §2G2.3;
§2251A(b) and §2G2.3; §2241(c) and §2A3.1; §2250(c) and §2A3.6; §1466A(a), §1466A(b) and §2G2.2;
§2251(a), §2251(e) and §2G2.1; §2251(b), §2251(e) and §2G2.1; §2251(c), §2251(e), §2G2.1 and §2G2.2;
§2251(d), §2251(e) and §2G2.2; §2252(a)(1), §2252(a)(3) and §2G2.2; §2252(a)(2) and §2G2.2; §2252(a)(4)
and §2G2.2; §2252A(a)(1) to §2252A(a)(4), §2252A(a)(6) and §2G2.2; §2252A(a)(5) and §2G2.2; §2252A(g)
and §2G2.2; §2257(i) and §2G2.5; §2260(a) and §2G2.1; §2260(b) and §2G2.2; §2260A and §2A3.5;
§2422(b), §2G1.1 and §2G1.3; §2423(a) and §2G1.3; §2423(e) and §2G1.3; §3599(e)(1); and §3599(c)(1).
§1245(b); §229A(a)(2); §33(b), §2A2.1, §2A2.2, §2B1.1 and §2K1.4; §844(f)(1), §2K1.4 and §2X1.1; §844(h),
§2K1.4 and §2K2.4; §844(i) and §2K1.4; §844(o) and §2K2.4; and §2272(b) and §2M6.1.
§46502(a)(2)(A), §2A5.1 and §2X1.1; §46502(a)(2)(B), §2A5.1 and §2X1.1; §46502(b)(1)(A), §2A5.1 and
§2X1.1; §46502(b)(1)(B), §2A5.1 and §2X1.1; and §46506(1) and §2A5.3.
§192; §390; §13a and §2B1.1; §13b; §15b(k); and §195(3) and §2N2.1.
§2024(b)(1) and §2B1.1; and §2024(c) and §2B1.1.
§1201(g)(1) and §3559(f)(2).
§1203(a), §2A4.1 and §2X1.1.
§225(a), §2B1.1 and §2B4.1; §1956(h) and §2S1.1; and §2113(e), §2A1.1 and §2B3.1.
§4221 and §2B1.1; §622 and §2C1.1; §447; §220(e); §617; §630; and §8.
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