R v George Pavlou
[2024] EWCA Crim 1135
R v Malik Douglas
5 December 2023
[2023] EWCA Crim 1476
Court of Appeal
Malik was given a prison sentence for having an illegal gun and drugs. The judge made a mistake with the gun sentence; it should have been longer. The Court of Appeal fixed the gun sentence, but made the drug sentence shorter to keep the total time in prison the same.
Key Facts
- •Malik Douglas (appellant), aged 27, with 10 previous convictions (including 8 drug offences and 2 firearms offences), was sentenced to 6 years and 9 months imprisonment.
- •Convictions: Possession of a prohibited firearm (4 years 6 months), possession of cannabis with intent to supply (2 years 3 months consecutively), and possession of criminal property (6 months concurrently).
- •Found in possession of a reactivated .38 caliber revolver, approximately 14 grams of cannabis (£1000-£2670 street value), and £720 cash.
- •No pre-sentence report was obtained.
Legal Principles
Minimum sentence of five years' imprisonment for possession of a prohibited firearm unless exceptional circumstances exist.
Section 311 of the Sentencing Act 2020
No power to reduce the minimum sentence for a prohibited firearm to reflect a guilty plea.
Section 311 of the Sentencing Act 2020
Court can restructure a sentence to comply with statutory minimums without increasing the total sentence (under Section 11(3) of the Criminal Appeal Act 1968).
Section 11(3) of the Criminal Appeal Act 1968
Consecutive sentences are appropriate where offences committed in the same incident are distinct, involving an aggravating element (e.g., drug dealing and possession of a firearm).
Sentencing Guidelines on Totality
Outcomes
Appeal allowed in part.
The sentence for possession of the prohibited firearm was increased to the mandatory five years to comply with the law. The sentence for drug possession was reduced to maintain the overall sentence length.