R v Zain Abdeen Yusuf & Ors
[2024] EWCA Crim 856
R v Przemyslaw Libert
5 December 2023
[2023] EWCA Crim 1556
Court of Appeal
A man was given 9 years in prison for having illegal guns and drugs. He appealed, arguing the sentence was too long. The Court of Appeal disagreed, saying the sentence was fair considering the serious crimes committed.
Key Facts
- •Appellant pleaded guilty to possession of prohibited firearms (two counts), possession of a prohibited weapon, possession of ammunition without a certificate, possession with intent to supply Class B drugs (two counts), and concealing criminal property.
- •Police found significant quantities of drugs (cannabis, amphetamines), cash (£332,500 in a safe, £10,000-£15,000 at home), and firearms (Webley & Scott .32 calibre pistol, Baikal sawn-off shotgun, Bruni blank firing pistol, and ammunition) at the appellant's home and storage unit.
- •The sawn-off shotgun was operable after cleaning.
- •Appellant had a previous good character.
Legal Principles
Sentencing guidelines for firearms offences (Firearms Act 1968, section 5(1)(aba))
Sentencing Council Guidelines: Firearms Guideline
Sentencing guidelines for drug trafficking offences
Sentencing Council Guidelines: Drugs Guideline
Sentencing guidelines for money laundering offences
Sentencing Council Guidelines: Money Laundering Guideline
Totality principle in sentencing
R v Baptiste [2007] EWCA Crim 2772 and Sentencing Council Guidelines: Overarching Guideline on Totality
Outcomes
Appeal dismissed.
The Court of Appeal found the 9-year sentence was not manifestly excessive, considering the seriousness and totality of the offences. The judge's approach to sentencing was deemed appropriate and clear.
Grounds 1-5 rejected.
The court rejected the appellant's arguments regarding the starting points for the firearms sentences, the distinction between operable and inoperable firearms, the appellant's leading role in drug offences, and the sentence for concealing criminal property. The court upheld the judge's findings regarding the operability of the firearms, the appellant's leading role in the drug operation, and the appropriate starting point for the concealment offence.
Ground 6 rejected.
The court found the judge adequately considered totality in sentencing, reducing the notional sentences for the drug offences and considering further adjustments but determining them unnecessary.