The Attorney General referred the sentences as too lenient for armed robbery, and aggravated vehicle taking. The defendants worked as a team, and used an imitation firearm, and threatened a victim with it.
Held: The possession of firearms should be regarded as an aggravating feature in relation to other offences. When passing sentence, it is appropriate to render the sentence passed in respect of the firearms offence consecutive to that in respect of the other offences. However, the judge must have regard to the principle of totality in arriving at the appropriate overall sentence imposed. The judge had used the correct approach. The appeal failed.
Judges:
Lord Justice Potter Mr Justice Cresswell Mr Justice Langley
Citations:
[2003] EWCA Crim 3011, [2003] EWCA Crim 3010, [2003] EWCA Crim 3089
Links:
Statutes:
Offences Against the Person Act 1861 18, Criminal Justice Act 1988 36
Jurisdiction:
England and Wales
Citing:
Cited – Regina v McGrath CACD 1986
Whilst s.17(2) and Schedule 6 of the Firearms Act 1968 do not on their true construction require the imposition of a consecutive sentence for possession of a firearm in the course of committing an offence listed in Schedule 2, it should be the norm . .
Cited – Regina v Avis, T and others CACD 16-Dec-1997
The court set out the sentencing considerations for firearms offences in the light of an increase of the use of guns.
Held: The level of sentencing had not sufficiently reflected the gravity of such offences. After the 1994 Act, earlier . .
Cited – Attorney General’s References (Nos 58-66 of 2002) (Regina v Warren, Coudjoe and others) CACD 2003
In the light of the further increase in firearms use, particularly in the case of drug-related crime, this court considered the case of nine offenders, members of a notorious drug-dealing gang in South-East Manchester called the Pitt Bull Crew who . .
Cited – Regina v Bottomley CACD 1985
Albeit an offender who commits a robbery or other offence while carrying a firearm must normally expect a consecutive sentence for the offence of carrying that firearm, ‘No doubt the sentencer is entitled in his discretion to follow the course of . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 22 May 2022; Ref: scu.187554
