Ospina, R. v

Ospina, R. v

The sentence for possession of a prohibited firearm was reduced from seven years to six years due to the guilty plea, but the seriousness of the offence justified a substantial custodial sentence; mis-charging did not amount to exceptional circumstances.

Parties
Prosecution: Regina; Appellant: Diego Ospina
Jurisdiction
England and Wales
Judgment Date
28 September 2017
Procedural Posture
Criminal 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

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 11 Party arguments 2 Amounts and remedies 13
Sign in to unlock

Parties

Regina

Prosecution

Diego Ospina

Appellant

Procedural Posture

Criminal 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 the seriousness of the offence justified a substantial custodial sentence; mis-charging did not amount to exceptional circumstances.

Court Disposition

appeal allowed in part

Orders

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