R v Anand Tripathi & Anor
[2024] EWCA Crim 769
R v Ian James Wharmby & Ors
27 June 2023
[2023] EWCA Crim 801
Court of Appeal
Three guys were caught planning to use a gun in a crime. The judge gave them shorter sentences than they deserved, so a higher court made their sentences longer because what they did was really serious.
Key Facts
- •Three co-defendants (Wharmby, Walker, Smith) were involved in a conspiracy to possess a loaded Glock firearm in April 2020.
- •The firearm had been used in previous shootings.
- •Wharmby collected the firearm intending to supply it; he was arrested before doing so.
- •Walker and Smith were involved in the purchase, knowing it would endanger life.
- •EncroChat was used to conceal their activities.
- •Wharmby also pleaded guilty to drug offences.
- •The Attorney General referred the sentences as unduly lenient.
Legal Principles
Sentencing guidelines for firearms offences (Sentencing Council Guideline for Firearms Offences).
Sentencing Council Guideline for Firearms Offences
Section 36 of the Criminal Justice Act 1988 allows for reference of unduly lenient sentences.
Criminal Justice Act 1988
Section 4(2) of the Contempt of Court Act 1981 prohibits reporting that could prejudice ongoing proceedings.
Contempt of Court Act 1981
Sentencing Council Guideline on Totality: consecutive sentences are usually appropriate for unrelated offences.
Sentencing Council Guideline on Totality
Sentencing Council Guideline on Reduction in Sentence for a Guilty Plea: maximum reduction for a guilty plea at the first stage is one-third; otherwise, it's a sliding scale.
Sentencing Council Guideline on Reduction in Sentence for a Guilty Plea
Appellate interference requires a sentence to be not only lenient but unduly so.
R v Mohammed Arfan [2022] EWCA Crim 1416
Minimum five-year sentences for firearm offences (section 311 and schedule 20 of the Sentencing Act 2020) do not apply to conspiracy offences.
Sentencing Act 2020
Considerations for guilty pleas (R v Plaku & Ors [2021] EWCA Crim 568)
R v Plaku & Ors [2021] EWCA Crim 568
Outcomes
Wharmby's sentences were quashed and replaced with consecutive sentences totaling 64 months (5 years 4 months).
The original sentence did not reflect the seriousness of the firearm and drug offences, and the credit for his guilty plea was excessive.
Walker's sentence was increased from 6 years to 8 years.
The original sentence was unduly lenient given the seriousness of the offence and multiple culpability factors.
Smith's sentence was increased from 6.5 years to 8.5 years.
The original sentence was unduly lenient, considering his significant role, previous conviction, and aggravating factors.