Court of Appeal Upholds Sentence in R v Przemyslaw Libert for Firearms, Drug, and Money Laundering Offences

Citation: [2023] EWCA Crim 1556
Judgment on

Introduction

In the case of R v Przemyslaw Libert, the Court of Appeal examined an appeal against sentence following guilty pleas to several offences, including possession of prohibited firearms, possession with intent to supply Class B drugs, and concealing criminal property. This article analyses the key topics discussed and the legal principles applied by the Court of Appeal in reaching its decision.

Key Facts

Przemyslaw Libert was sentenced to 9 years’ imprisonment for a series of offences relating to firearms, drugs, and money laundering. The police found firearms, a large sum of cash, drugs, and drug paraphernalia during searches of Libert’s property and a storage unit. The firearms included a working self-loading pistol, a sawn-off shotgun (corroded but operable after maintenance), and a blank-firing pistol alongside corresponding ammunition.

The legal principles applied by the Court in this case draw from established sentencing guidelines and previous case law. The Court referred to four Sentencing Council guidelines: Firearms, Drugs, Money Laundering, and the overarching guideline on Totality.

Firearms Offences

For the firearms offences, the Court applied the Firearms Guideline, noting that both the self-loading pistol and sawn-off shotgun fell under type 1 firearms with high culpability and category 3 harm under the guideline.

Drug Offences

In assessing the drug offences, the Court considered the Drugs Guideline. The quantities of drugs found and the associated evidence, such as cash and drug paraphernalia, suggested a leading role in drug supply, influencing the starting point for sentencing.

Money Laundering Offence

For the money laundering offence (concealment of criminal property), the judge implicitly adopted the Money Laundering Guideline, considering the underlying drug dealing activity and the financial advantage expected by Libert.

Totality Principle

The judge also considered the Totality Guideline, intending to ensure that the overall sentence properly reflects the entirety of the offending behavior and is just and proportionate. The Court noted R v Baptiste [2007] EWCA Crim 2772, reinforcing the importance of the Totality principle.

Outcomes

The appellant’s grounds of appeal argued that the overall sentence was manifestly excessive and that the judge erred in various aspects of sentencing. The Court systematically addressed each ground and upheld the original sentence. Specifically, the Court found that:

  1. The starting point for the firearms was not excessive.
  2. The distinction between operable and inoperable firearms was correctly applied.
  3. The leading role in drug offences was properly inferred based on the evidence.
  4. The sentence for the money laundering offence was proportionate to the harm and culpability.
  5. The judge adequately considered totality in her sentencing approach.

Conclusion

The Court of Appeal’s dismissal of the appeal in R v Przemyslaw Libert highlights the application of sentencing guidelines and principles to achieve a sentence that is proportionate to the seriousness of the offences. The Court stressed the importance of reflecting the totality of offending behavior, balancing both aggravating and mitigating factors. The outcome underscores that the original sentence was within the bounds of reasonableness, and the judge’s methodology in sentencing was commended for its clarity and simplicity.