Ospina, R. v [2017] EWCA Crim 1509 (28 September 2017)

Ospina, R. v [2017] EWCA Crim 1509 (28 September 2017)

The sentence for possession of a prohibited firearm was reduced from seven years to six years due to the guilty plea, but no exceptional circumstances were found to justify a sentence below the statutory minimum. The overall sentence was not manifestly excessive except for the adjustment for the guilty plea.

Citation
[2017] EWCA Crim 1509
Parties
Prosecution: Regina; Appellant: Diego Ospina
Jurisdiction
England and Wales
Judgment Date
28 September 2017
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
appeal allowed in part
Legal Topics
Firearms Offences, Drug Offences, Sentencing, Exceptional Circumstances, Guilty Plea Discount
Criminal Law Firearms Offences Drug Offences Sentencing Exceptional Circumstances Guilty Plea Discount

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Parties

Regina

Prosecution

Diego Ospina

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the sentence for possession of a prohibited firearm was manifestly excessive
  2. 2 Whether the guilty plea was sufficiently discounted
  3. 3 Whether mis-charging amounted to exceptional circumstances justifying a sentence below the statutory minimum

Ratio Decidendi

The sentence for possession of a prohibited firearm was reduced from seven years to six years due to the guilty plea, but no exceptional circumstances were found to justify a sentence below the statutory minimum. The overall sentence was not manifestly excessive except for the adjustment for the guilty plea.

Court Disposition

appeal allowed in part

Orders

  • Sentence on count 1 reduced from seven years to six years
  • Total sentence substituted: six years and eight months' detention in a young offender institution