Attorney Generals Reference Nos 4, 5, 6, 7 And 8 of 2014

Attorney Generals Reference Nos 4, 5, 6, 7 And 8 of 2014

The sentences imposed were unduly lenient given the seriousness of the gang-related conspiracy to possess a firearm and ammunition with intent to endanger life, the exploitative use of junior gang members, and the need for deterrent and punitive sentences. The sentences were increased to reflect the gravity of the offences and the public protection imperative.

Parties
Applicant: Attorney General; Respondent: Nathan Deacon; Respondent: Tafari Deacon; Respondent: Durrell Kumar; Respondent: Josiah Wilson; Respondent: Timothy Dawson
Jurisdiction
England and Wales
Judgment Date
13 March 2014
Procedural Posture
Criminal Reference / Attorney General's Reference Under S.36 Criminal Justice Act 1988; Appeal Against Sentence
Outcome
Sentences increased; appeals allowed to the extent indicated.
Legal Topics
Firearms Offences, Sentencing, Gang Related Crime, Conspiracy, Unduly Lenient Sentences
Criminal Law Firearms Offences Sentencing Gang Related Crime Conspiracy Unduly Lenient Sentences

Case Brief

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 4 Authorities cited 12 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

Attorney General

Applicant

Nathan Deacon

Respondent

Tafari Deacon

Respondent

Durrell Kumar

Respondent

Josiah Wilson

Respondent

Timothy Dawson

Respondent

Procedural Posture

Criminal Reference / Attorney General's Reference Under S.36 Criminal Justice Act 1988; Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed for conspiracy to possess a firearm and ammunition with intent to endanger life were unduly lenient
  2. 2 Appropriate sentencing approach for gang-related firearms offences

Ratio Decidendi

The sentences imposed were unduly lenient given the seriousness of the gang-related conspiracy to possess a firearm and ammunition with intent to endanger life, the exploitative use of junior gang members, and the need for deterrent and punitive sentences. The sentences were increased to reflect the gravity of the offences and the public protection imperative.

Court Disposition

Sentences increased; appeals allowed to the extent indicated.

Orders

  • Nathan Deacon: sentence increased to 15 years' imprisonment on count 1 and 4 years concurrent on count 3, to run concurrently with life sentence.
  • Tafari Deacon: sentence increased to 15 years' imprisonment on count 1 and 4 years concurrent on count 3, to run concurrently with existing sentence.