Bartell, R v [2020] EWCA Crim 625 (01 May 2020)

Bartell, R v [2020] EWCA Crim 625 (01 May 2020)

The circumstances of the offence and the offender were not exceptional; the judge was clearly wrong to find exceptional circumstances. The statutory minimum sentence must be imposed to serve the deterrent purpose intended by Parliament. The original sentence was unduly lenient and is substituted with the statutory minimum.

Citation
[2020] EWCA Crim 625
Parties
Applicant: Solicitor General; Offender/respondent: Robert Bartell
Jurisdiction
England and Wales
Judgment Date
01 May 2020
Procedural Posture
Criminal Appeal (reference by Attorney General) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988
Outcome
Appeal allowed; original sentences quashed on relevant counts and substituted with statutory minimum sentences.
Legal Topics
Firearms Offences, Sentencing, Mandatory Minimum Sentences, Exceptional Circumstances, Unduly Lenient Sentences
Criminal Law Firearms Offences Sentencing Mandatory Minimum Sentences Exceptional Circumstances Unduly Lenient Sentences

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Parties

Solicitor General

Applicant

Robert Bartell

Offender/respondent

Procedural Posture

Criminal Appeal (reference by Attorney General) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentencing judge was correct to find exceptional circumstances justifying a sentence below the statutory minimum for firearms offences
  2. 2 Whether the original sentence was unduly lenient

Ratio Decidendi

The circumstances of the offence and the offender were not exceptional; the judge was clearly wrong to find exceptional circumstances. The statutory minimum sentence must be imposed to serve the deterrent purpose intended by Parliament. The original sentence was unduly lenient and is substituted with the statutory minimum.

Court Disposition

Appeal allowed; original sentences quashed on relevant counts and substituted with statutory minimum sentences.

Orders

  • Sentences on counts 1 to 4 and 6 quashed and substituted with 5 years' imprisonment on each, to be served concurrently.
  • Other sentences remain unaffected.