Asif, R. v [2018] EWCA Crim 2297 (03 July 2018)

Asif, R. v [2018] EWCA Crim 2297 (03 July 2018)

The total sentence for firearms offences exceeded the statutory maximum when consecutive sentences were imposed for offences arising from the same incident; the correct approach is to impose concurrent sentences not exceeding the statutory maximum, less credit for guilty plea. The drugs sentence, though arithmetically in error, was not manifestly excessive given the quantity and seriousness of the offences.

Citation
[2018] EWCA Crim 2297
Parties
Prosecution: Regina; Appellant: Mohammed Asif
Jurisdiction
England and Wales
Judgment Date
03 July 2018
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed in part; sentence reduced
Legal Topics
Sentencing, Drugs Offences, Firearms Offences, Totality Principle, Credit for Guilty Plea
Criminal Law Sentencing Drugs Offences Firearms Offences Totality Principle Credit for Guilty Plea

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Parties

Regina

Prosecution

Mohammed Asif

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the total sentence imposed for drugs and firearms offences was manifestly excessive
  2. 2 Whether consecutive sentences for firearms and ammunition offences exceeded the statutory maximum and offended the totality principle

Ratio Decidendi

The total sentence for firearms offences exceeded the statutory maximum when consecutive sentences were imposed for offences arising from the same incident; the correct approach is to impose concurrent sentences not exceeding the statutory maximum, less credit for guilty plea. The drugs sentence, though arithmetically in error, was not manifestly excessive given the quantity and seriousness of the offences.

Court Disposition

Appeal allowed in part; sentence reduced

Orders

  • Sentences on counts 4, 5, and 6 quashed
  • Concurrent sentences of six years eight months on counts 4 and 5, and three years on count 6 substituted