All the offenders pleaded guilty to or were found guilty of conspiracy to transfer prohibited weapons and ammunition. Sentences were imposed which ranged from 16½ years’ imprisonment for the principal offender to four years, four months’ imprisonment at the lowest end of culpability. The Attorney General sought the leave of the Court of Appeal to refer the sentences to the court for review pursuant to section 36 of the Criminal Justice Act 1988 on the grounds that those sentences were unduly lenient.
On the references—
Held, leave to refer granted and all sentences save one increased. If a life sentence was not passed courts had to impose long determinate sentences commensurate with the role played in any activity in relation to the supply of guns. Sentences had to reflect the hierarchy of the supply enterprise, the role played in individual transactions and any previous convictions in relation to guns. A mistaken view had been taken of an earlier authority that the maximum determinate sentence for a large scale enterprise was 22 years’ imprisonment but for a leader of an enterprise in the business of supplying guns and lethal ammunition, where the conduct was of the utmost gravity, a very long determinate sentence was required. In the present case, the appropriate sentence for the leader was 25 years’ imprisonment, prior to discount for his guilty plea, and that should not be taken as a maximum because a materially greater sentence would be appropriate if there were any previous convictions for offences involving guns. Those engaged in the criminal enterprise under the leader should receive sentences reflecting the sentence for the leader (before any discount for plea), depending on the role they played. Such sentences were severe but reflected the intention of Parliament to punish gun crime in a manner that would deter criminals from engaging in dealing in guns and lethal ammunition (paras 7, 8, 12, 21).
R v Wilkinson [2010] 1 Cr App R (S) 100, CA explained.
Per curiam. (i) A particular difficulty faced by the sentencing judge was that he was not put in a position where he could sentence all the offenders on the same occasion and in the order of their culpability. Listing officers must for the future ensure that in a complex case of this kind, a date is set for sentencing as soon as possible after the conclusion of the trials and all the defendants and their counsel are present on the same occasion. If there are any possible difficulties in ensuring this happens, the resident judge or presiding judge must be consulted and must direct that arrangements are made to enable all to be sentenced together (para 11).
(ii) Many of the weapons in which these offenders dealt were antique firearms. The increasing danger posed by criminals putting antique firearms into working order and providing ammunition to fit them is a matter that should be considered by the Home Office and by Parliament with a view to a re-examination of the exemption in section 58(2) of the Firearms Act 1968 (paras 15, 16).
Robert Buckland QC, SG, Timothy Cray and Thomas Kenning (instructed by Crown Prosecution Service) for the Crown.
Ali Naseem Bajwa QC (assigned by the Registrar of Criminal Appeals) for the offenders Stephenson and Miah.
Balbir Singh (assigned by the Registrar of Criminal Appeals) for the offenders Nazran and Hussain (Usman).
Heidi Kubik (assigned by the Registrar of Criminal Appeals) for the offender McDermott.
Russell Butcher (assigned by the Registrar of Criminal Appeals) for the offender Wiggan.
Mark Graffius (assigned by the Registrar of Criminal Appeals) for the offender Gul.
Nicholas M Smith (assigned by the Registrar of Criminal Appeals) for the offender Ducram.
Mr Ranjit Lallie (assigned by the Registrar of Criminal Appeals) for the offender Mattu.
Charanjit Jutla (assigned by the Registrar of Criminal Appeals) for the offender Ghalib.
Jonathan Anders (assigned by the Registrar of Criminal Appeals) for the offender Abdin.
Philip Brunt (assigned by the Registrar of Criminal Appeals) for the offender Hussain (Ifran).
Tariq Rashid (assigned by the Registrar of Criminal Appeals) for the offender Fedar.
Stefan Kolodynski (assigned by the Registrar of Criminal Appeals) for the offender Mohammed.
Shahid Rashid (assigned by the Registrar of Criminal Appeals) for the offender Officer.
Sam Wallace (assigned by the Registrar of Criminal Appeals) for the offender Smith.
Stanley Reiz (assigned by the Registrar of Criminal Appeals) for the offender Mentore.