Ramsay, R. v [2023] EWCA Crim 64 (20 January 2023)

Ramsay, R. v [2023] EWCA Crim 64 (20 January 2023)

The sentencing judge was entitled to categorise the offence as category 2A with a leading role in group activity, and the upward adjustment to 16 years was not manifestly excessive. The failure to impose mandatory minimum sentences on counts 3 and 4 was corrected by imposing concurrent 5-year sentences, which did not increase the overall sentence.

Citation
[2023] EWCA Crim 64
Parties
Prosecution: Rex; Applicant: Alexander Ramsay
Jurisdiction
England and Wales
Judgment Date
20 January 2023
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence
Outcome
Application for leave to appeal against sentence refused; sentence adjusted to impose mandatory minimums on counts 3 and 4, concurrent with principal sentence.
Legal Topics
Sentencing, Firearms Offences, Appeals, Mandatory Minimum Sentences
Criminal Law Sentencing Firearms Offences Appeals Mandatory Minimum Sentences

Case Brief

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Parties

Rex

Prosecution

Alexander Ramsay

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether the sentencing judge erred in categorisation under the Sentencing Guidelines
  3. 3 Whether the judge was correct to impose no separate penalty for counts requiring mandatory minimum sentences

Ratio Decidendi

The sentencing judge was entitled to categorise the offence as category 2A with a leading role in group activity, and the upward adjustment to 16 years was not manifestly excessive. The failure to impose mandatory minimum sentences on counts 3 and 4 was corrected by imposing concurrent 5-year sentences, which did not increase the overall sentence.

Court Disposition

Application for leave to appeal against sentence refused; sentence adjusted to impose mandatory minimums on counts 3 and 4, concurrent with principal sentence.

Orders

  • Impose 5-year concurrent sentences on counts 3 and 4 for mandatory minimums under the Firearms Act 1968.
  • Applicant remains subject to 16 years' imprisonment.