Umut Alpergin & Anor v R

Umut Alpergin & Anor v R

The court found that Alex Findlay's role was over-categorised as 'leading' and should be 'significant', reducing his culpability to category B. The harm assessment for Umut Alpergin was also too high; his offending was more appropriately categorised as 3B, not 2B. The extended licence period for Findlay was justified due to his risk to the public. Sentences were adjusted accordingly.

Parties
First Appellant: Umut Alpergin; Second Appellant: Alex Findlay; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
24 November 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence
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 / Appeal Against Sentence

Legal Issues

  1. 1 Whether the categorisation of the firearms offences for sentencing was correct for both appellants
  2. 2 Whether the extended licence period for Alex Findlay was justified
  3. 3 Whether the harm and culpability assessments were correct under the sentencing guidelines

Ratio Decidendi

The court found that Alex Findlay's role was over-categorised as 'leading' and should be 'significant', reducing his culpability to category B. The harm assessment for Umut Alpergin was also too high; his offending was more appropriately categorised as 3B, not 2B. The extended licence period for Findlay was justified due to his risk to the public. Sentences were adjusted accordingly.

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 custodial, 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.