Umut Alpergin & Anor v R [2024] EWCA Crim 313 (27 March 2024)

Umut Alpergin & Anor v R [2024] EWCA Crim 313 (27 March 2024)

The Court found that Alex Findlay's role was significant but not leading, warranting a lower culpability categorisation (2B) and a reduced custodial term, but upheld the need for an extended licence due to ongoing risk. Umut Alpergin's harm categorisation was reduced to 3B, reflecting his more limited role and absence of elevated risk, justifying a lower sentence.

Citation
[2024] EWCA Crim 313
Parties
First Appellant: Umut Alpergin; Second Appellant: Alex Findlay; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
27 March 2024
Procedural Posture
Criminal Appeal Against Sentence / Court of Appeal (criminal Division) Judgment on Appeal
Outcome
Appeals allowed in part; sentences varied
Legal Topics
Sentencing, Firearms Offences, Drug Offences, Serious Crime Prevention Orders, Extended Determinate Sentences
Criminal Law Sentencing Firearms Offences Drug Offences Serious Crime Prevention Orders Extended Determinate Sentences

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Parties

Umut Alpergin

First Appellant

Alex Findlay

Second Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal Against Sentence / Court of Appeal (criminal Division) Judgment on Appeal

Legal Issues

  1. 1 Whether the sentencing judge mis-categorised the seriousness and role of the appellants in firearms and drug offences
  2. 2 Whether the extended licence period for Alex Findlay was justified
  3. 3 Whether the harm categorisation for both appellants was correct under sentencing guidelines

Ratio Decidendi

The Court found that Alex Findlay's role was significant but not leading, warranting a lower culpability categorisation (2B) and a reduced custodial term, but upheld the need for an extended licence due to ongoing risk. Umut Alpergin's harm categorisation was reduced to 3B, reflecting his more limited role and absence of elevated risk, justifying a lower sentence.

Court Disposition

Appeals allowed in part; sentences varied

Orders

  • For Alex Findlay: Sentences on counts 1 and 2 of indictment 20217180 quashed and substituted with extended determinate sentences of 19 years (15 years custody, 4 years extended licence) concurrent; other concurrent sentences unaffected.
  • For Umut Alpergin: Sentence of 9 years on count 12 quashed and substituted with 7 years imprisonment; concurrent sentence of 4 years on count 15 stands.