The Berichon categories of seriousness for prohibited person firearms possession (possession not associated with criminal activity vs possession for criminal purposes) are not rigid constraints on sentencing discretion. An offender's antecedent criminal history, including prior firearms offending, may justify a higher order of sentence even where the immediate offending is not directly associated with ongoing criminal activity. Reoffending within weeks of an appellate resentence imposed on a merciful basis, in breach of a CCO, is a powerful aggravating factor that may negate the mitigating circumstances that originally justified mercy.
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