Wills, R. v [2025] EWCA Crim 811 (05 June 2025)

Wills, R. v [2025] EWCA Crim 811 (05 June 2025)

The judge was wrong to make the 5-year firearms sentence concurrent to the drug offences, as this undermined the mandatory minimum term required by law. The firearms offence required separate recognition and a consecutive sentence. The correct total sentence is 14 years, comprising 9 years for drug offences and 5 years consecutive for the firearms offence.

Citation
[2025] EWCA Crim 811
Parties
Prosecution: Rex; Offender/respondent: Stephen Wills
Jurisdiction
England and Wales
Judgment Date
05 June 2025
Procedural Posture
Criminal Appeal (attorney General's Reference) / Court of Appeal Judgment on Reference for Unduly Lenient Sentence
Outcome
Reference succeeds; sentence increased.
Legal Topics
Sentencing, Firearms Offences, Drug Offences, Totality Principle, Attorney General's Reference, Mandatory Minimum Sentences
Criminal Law Sentencing Firearms Offences Drug Offences Totality Principle Attorney General's Reference Mandatory Minimum Sentences

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Parties

Rex

Prosecution

Stephen Wills

Offender/respondent

Procedural Posture

Criminal Appeal (attorney General's Reference) / Court of Appeal Judgment on Reference for Unduly Lenient Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred by making the firearms sentence concurrent rather than consecutive to drug offences
  2. 2 Whether the overall sentence was unduly lenient
  3. 3 Proper application of the totality principle and mandatory minimum sentences

Ratio Decidendi

The judge was wrong to make the 5-year firearms sentence concurrent to the drug offences, as this undermined the mandatory minimum term required by law. The firearms offence required separate recognition and a consecutive sentence. The correct total sentence is 14 years, comprising 9 years for drug offences and 5 years consecutive for the firearms offence.

Court Disposition

Reference succeeds; sentence increased.

Orders

  • The sentence of 5 years for the firearms offence is to run consecutive to the 9 years for the drug offences, making a total sentence of 14 years' imprisonment.