Two brothers conspired to import illegal guns. One brother (Edward) got a slightly shorter sentence than his brother because he played a smaller role in the crime, but the court said his 12-year prison sentence was fair, even considering his prosthetic leg.
Key Facts
- •Edward Winston Pink (applicant) and his brother, Caiden Pink (CP), conspired to import firearms and ammunition from the US to the UK.
- •The weapons included a Taurus G2C, a Glock 17 Gen-5, and two Glock 19 Gen-5 pistols, along with 59 rounds of ammunition.
- •The package was intercepted in the US, the contents replaced, and delivered to the applicant's business address.
- •The applicant took delivery and later, with CP, accessed and tampered with the package.
- •Voice notes revealed CP's direct contact with the US supplier.
- •The applicant had no direct contact with the US supplier, but messages between him and CP demonstrated their joint planning.
- •The applicant had prior convictions for possessing a prohibited weapon (2007) and wounding (2020).
- •The judge considered the applicant's role significant, though less than CP's, leading to a 12-year sentence for the applicant and 14 years for CP.
- •The applicant appealed, arguing the sentence was manifestly excessive given his lesser culpability and personal mitigation (prosthetic leg).
Legal Principles
Sentencing guidelines for offences under s.16 of the Firearms Act 1968 (although not directly applicable to conspiracy charges).
Firearms Act 1968
Consideration of culpability and harm in determining sentence length.
Sentencing Guidelines
Exceptional circumstances are required for a medical condition to warrant a sentence reduction.
Case Law (cited but unspecified)
Outcomes
Leave to appeal refused.
The sentence was deemed not manifestly excessive, considering the applicant's significant role, aggravating factors (addition of firearms to criminal circulation, potential financial gain), and the adequate reflection of his lesser role and personal circumstances in the sentence length compared to his brother's.