Attorney General's Reference No. 58 OF 2006 [2006] EWCA Crim 2827 (09 October 2006)

Attorney General's Reference No. 58 OF 2006 [2006] EWCA Crim 2827 (09 October 2006)

The sentences imposed were unduly lenient given the seriousness of the offences; the appropriate sentence for Finch is 7 years and for Richer 5 years, with Richer's reduction reflecting his guilty plea but not as an exceptional circumstance justifying departure from the statutory minimum.

Source-derived case information.

Citation
[2006] EWCA Crim 2827
Parties
Applicant: Attorney General; Offender: Joseph Richer; Offender: David Finch
Jurisdiction
England and Wales
Judgment Date
09 October 2006
Procedural Posture
Criminal Appeal (attorney General's Reference) / Reference Under S.36 Criminal Justice Act 1988 to Review Sentence
Outcome
Sentences increased on reference; Finch to 7 years' imprisonment, Richer to 5 years' imprisonment.
Legal Topics
Sentencing, Firearms Offences, Minimum Sentences, Exceptional Circumstances, Plea of Guilty
Criminal Law Sentencing Firearms Offences Minimum Sentences Exceptional Circumstances Plea of Guilty

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Attorney General

Applicant

Joseph Richer

Offender

David Finch

Offender

Procedural Posture

Criminal Appeal (attorney General's Reference) / Reference Under S.36 Criminal Justice Act 1988 to Review Sentence

Legal Issues

  1. 1 Whether the sentences imposed on Joseph Richer and David Finch were unduly lenient
  2. 2 Whether a guilty plea constitutes an exceptional circumstance justifying departure from the statutory minimum sentence for firearm offences

Ratio Decidendi

The sentences imposed were unduly lenient given the seriousness of the offences; the appropriate sentence for Finch is 7 years and for Richer 5 years, with Richer's reduction reflecting his guilty plea but not as an exceptional circumstance justifying departure from the statutory minimum.

Court Disposition

Sentences increased on reference; Finch to 7 years' imprisonment, Richer to 5 years' imprisonment.

Orders

  • Finch's sentence increased to 7 years' imprisonment.
  • Richer's sentence increased to 5 years' imprisonment.