R v Rupert Earl-Ocran
[2024] EWCA Crim 1031
R v Richard Thomas Watkins & Anor
2 November 2023
[2023] EWCA Crim 1516
Court of Appeal
Two men were caught dealing dangerous weapons. One got 22 years in prison, the other 16. They tried to appeal their sentences, but the court said the punishment fit the crime because of how serious their crimes were and their history of breaking the law.
Key Facts
- •Richard Watkins pleaded guilty to six firearms and ammunition offences.
- •Christopher German was convicted of three firearms and ammunition offences.
- •The offences involved a conspiracy to possess a firearm with intent to endanger life, possession of prohibited weapons and ammunition for sale or transfer.
- •The offences stemmed from a conspiracy to supply a Howa 308 rifle and ammunition to a customer.
- •Watkins was the supplier, German the arranger, and Poole the recipient.
- •Police recovered the firearm, ammunition, and additional weapons from the Watkins' property and the vehicle used by Poole and accomplices.
- •Watkins had 24 previous convictions, including for GBH and assault.
- •German had 15 previous convictions, including for robbery involving firearms.
- •Both applicants received extended sentences.
Legal Principles
Sentencing Council guideline on Firearms – possession with intent to endanger life.
Sentencing Council guideline
Totality principle in sentencing.
Sentencing Act 2020
Outcomes
Watkins' appeal dismissed.
The court found the sentences were justified given the seriousness of the offences, the aggravating factors (multiple offences, significant planning, previous convictions, amount of ammunition), and the application of the totality principle. The court rejected claims of unjustified sentences, double-counting, and disproportionality compared to German's sentence.
German's appeal dismissed.
The court upheld the judge's finding that German played a leading role in the conspiracy and that significant planning was involved, justifying the high culpability category (A). The court also rejected arguments regarding excessive sentence elevation.