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 carried, sometimes openly, loaded firearms ostensibly for their own protection but also to enforce their territorial claims against rival gangs over a period when shootings regularly occurred and their retail drug dealing was widespread. The ages of the gang members varied between 17 and 25. The court dealt with them in two groups. One of four senior members personally involved in the carrying and use of weapons, the other of five more junior members of the gang who participated in the activities, aware of the possession and use of firearms by others rather than themselves. The court considered the extent to which the criminal activity embodied in the principal charges of conspiracy to supply drugs of classes A and B were aggravated by the possession and use of guns.
Held: ‘In most cases where guns are carried and used, it is desirable to pass a consecutive sentence to mark the additional gravity attributable to the presence of firearms. But if that is done in a case such as this, the sentences which are passed have to be adjusted to ensure that the total sentence is not too high.’
Judges:
Lord Justice Kennedy
Mr Justice Crane
And
Mr Justice Mccombe
Citations:
[2003] EWCA Crim 636
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Attorney General’s Reference No 88 of 2002 (Hahn and Webster) CACD 7-Nov-2003
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 . .
Cited – Rollings, Regina v CACD 3-Feb-2012
The solicitor general appealed against a sentence of five years imposed for possession of a prohibited weapon, a handgun with bullets designed to explode on impact.
Held: The sentence was increased to 10 years: ‘This was a case of possession . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 01 April 2022; Ref: scu.187752
