Key Facts
- •Alex Findlay was involved in an Organised Criminal Network (OCN), dealing Class A drugs, possessing firearms and ammunition, and possessing counterfeit currency.
- •Umut Alpergin was involved in the movement of a gun and ammunition connected to Findlay's activities.
- •Findlay stored firearms and ammunition at Darren Lewis's address.
- •Police found firearms, ammunition, counterfeit currency, and cocaine at Findlay's address and Lewis's address.
- •Findlay had a previous conviction for conspiracy to rob and attempted robbery.
- •Alpergin had limited previous convictions, including one for possession of a bladed article.
Legal Principles
Sentencing guidelines for firearms offences, including the categorization of the defendant's role and the level of harm.
Sentencing Council Guidelines
The assessment of harm in firearms offences considers the likelihood of the weapon being used to cause death or serious harm.
R v Nurden, Nurden and Flynn [2022] EWCA Crim 913
The criteria for imposing an extended sentence include the defendant presenting a significant risk of serious harm and the need to protect the public.
Relevant statutory provisions and case law on extended sentences.
Outcomes
Alex Findlay's sentence was quashed and substituted with an extended determinate sentence of 15 years' imprisonment (15 years custodial + 4 years extended licence).
The court recategorized Findlay's role in the firearms offences as playing a significant role within a group, rather than a leading role, resulting in a lower starting point for sentencing. The court also considered the harm caused to be less severe than the original sentence implied. The extended licence period was upheld.
Umut Alpergin's sentence was quashed and substituted with a sentence of 7 years' imprisonment.
The court recategorized Alpergin's role in the firearms offences to reflect a lower level of culpability and harm, leading to a reduction in his sentence.