R v George Pavlou
[2024] EWCA Crim 1135
R v Paul Anthony Glynn
2 November 2023
[2023] EWCA Crim 1494
Court of Appeal
A man was given a long prison sentence for having lots of illegal guns and ammo. The judge said he got some of the guns at different times, but the appeal court said there wasn't enough proof of that, so they lowered his sentence and gave him a shorter jail time.
Key Facts
- •Paul Anthony Glynn (53) pleaded guilty to multiple serious firearms offences on December 21, 2022, at Durham Crown Court.
- •He was sentenced on April 21, 2023, to 19 years' imprisonment.
- •Firearms and ammunition were found throughout his home during a police search on November 9, 2022.
- •A previous search on October 5, 2022, did not uncover the weapons.
- •Glynn had previous convictions for firearms offences dating back to 1987.
- •The judge considered Glynn an 'armourer' rather than a 'custodian'.
- •The prosecution accepted Glynn's guilty plea was at the first opportunity.
Legal Principles
Totality principle in sentencing: The aggregate of sentences must be appropriate to the offender's criminality.
Attorney General's Reference No 57 of 2009 (R v Ralphs) [2009] EWCA Crim 2555
Consecutive sentences should not normally be imposed for offences arising from the same incident or transaction.
Attorney General's Reference No 57 of 2009 (R v Ralphs) [2009] EWCA Crim 2555
Sentencing guidelines for firearms offences; High culpability A and category 1 harm.
Firearms Act 1968, Sentencing Guidelines
Reduction in sentence for guilty plea; one-third reduction unless statutory minimum applies.
S.73 Sentencing Act 2020, Sentencing Council guideline
Statutory minimum sentence for certain firearms offences (5 years).
S 311 Sentencing Act 2020
Minimum 80% of statutory minimum sentence when a guilty plea is entered and statutory minimum applies.
S 73 Sentencing Act 2020
Outcomes
Appeal against sentence allowed in part.
The original sentence of 19 years was deemed excessive due to the consecutive sentences imposed for offences potentially stemming from a single incident. The court also corrected the application of the guilty plea discount.
Original consecutive sentences quashed; new concurrent sentences imposed.
The court found insufficient evidence to support the inference that the firearms were received on three separate occasions, instead finding at least two separate occasions.
Guilty plea discount recalculated.
The original 20% discount was incorrect; a one-third reduction applied resulting in a 12-year sentence.