Capitao, R. v [2018] EWCA Crim 2377 (04 October 2018)

Capitao, R. v [2018] EWCA Crim 2377 (04 October 2018)

The sentence of five years for possession of a prohibited firearm was unduly lenient given the firearm's potential lethality, the offender's intent to restore it, his serious criminal record, and the late guilty plea. The appropriate sentence, after proper consideration of aggravating factors and limited credit for plea, should have been seven years.

Citation
[2018] EWCA Crim 2377
Parties
Prosecution: Regina; Offender: Mafuta Capitao
Jurisdiction
England and Wales
Judgment Date
04 October 2018
Procedural Posture
Criminal Reference (unduly Lenient Sentence) / Court of Appeal Judgment on Attorney General's Reference
Outcome
Sentence increased on Attorney General's reference
Legal Topics
Unduly Lenient Sentences, Possession of Firearm, Serious Crime Prevention Order, Bladed Article Offence, Sexual Offences Notification Requirements
Criminal Law Unduly Lenient Sentences Possession of Firearm Serious Crime Prevention Order Bladed Article Offence Sexual Offences Notification Requirements

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Parties

Regina

Prosecution

Mafuta Capitao

Offender

Procedural Posture

Criminal Reference (unduly Lenient Sentence) / Court of Appeal Judgment on Attorney General's Reference

Legal Issues

  1. 1 Whether the sentence imposed for possession of a prohibited firearm was unduly lenient
  2. 2 Appropriate credit for guilty plea in context of late plea and evidence
  3. 3 Proper approach to sentencing for possession of a prohibited firearm with aggravating factors

Ratio Decidendi

The sentence of five years for possession of a prohibited firearm was unduly lenient given the firearm's potential lethality, the offender's intent to restore it, his serious criminal record, and the late guilty plea. The appropriate sentence, after proper consideration of aggravating factors and limited credit for plea, should have been seven years.

Court Disposition

Sentence increased on Attorney General's reference

Orders

  • Sentence for possession of a prohibited firearm increased from five years to seven years' imprisonment
  • Other sentences left undisturbed