R v Alexander Ramsey
The sentencing judge was entitled to find a leading role in group activity and to categorise the offence as category 2A, justifying the sentence of 16 years. The failure to impose mandatory minimum sentences on counts 3 and 4 is corrected by imposing concurrent 5-year sentences, which does not increase the overall sentence.
- Parties
- Applicant: Alexander Ramsay; Respondent: Rex
- 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, to run concurrently
- Legal Topics
- Firearms Offences, Sentencing, Appeals, Mandatory Minimum Sentences
Case Brief
Summary, issues, holding and outcome
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Parties
Alexander Ramsay
Applicant
Rex
Respondent
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence
Legal Issues
- 1 Whether the sentence imposed was manifestly excessive
- 2 Whether the categorisation of the offence under the sentencing guidelines was correct
- 3 Whether the judge was entitled to find a leading role in group activity
Ratio Decidendi
The sentencing judge was entitled to find a leading role in group activity and to categorise the offence as category 2A, justifying the sentence of 16 years. The failure to impose mandatory minimum sentences on counts 3 and 4 is corrected by imposing concurrent 5-year sentences, which does 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, to run concurrently
Orders
- Impose 5-year concurrent sentences on counts 3 and 4 for possession of prohibited firearm and ammunition, concurrent with the 16-year sentence already passed
Full Case Text
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