Boothe, R. v

Where an offender receives the statutory minimum sentence for a serious firearms offence and a separate drug-supply offence has aggravating features, consecutive sentences may properly be imposed. Youth and the absence of previous convictions do not make the resulting total sentence manifestly excessive where the combination of offending is exceptionally serious.

The applicant pleaded guilty at Wolverhampton Crown Court to possessing a prohibited, loaded sawn-off shotgun and to possessing cocaine with intent to supply. He was sentenced to five years’ imprisonment for the firearms offence, being the statutory minimum, and four years’ imprisonment for the cocaine offence, to run consecutively.

He renewed an application for leave to appeal against sentence after refusal by a single judge. He contended that the total of nine years was excessive for a 23-year-old without previous convictions, and that the starting point for the drug offence was too high.

1. The renewed application for leave to appeal against sentence was refused.
2. The court accepted that a total sentence of nine years was long for an offender aged 23 with no previous convictions. Those matters did not outweigh the seriousness of the offences.
3. The five-year sentence for possessing the prohibited firearm was the statutory minimum. The firearm was a loaded, sawn-off shotgun. The cocaine offence also had aggravating features.
4. The combination of the firearms and drug-supply offences was exceptionally serious. Consecutive sentences were therefore correct, and the total sentence was neither manifestly excessive nor wrong in principle.

• Court of Appeal (Criminal Division): renewed application for leave to appeal against sentence refused.
• Crown Court at Wolverhampton: the applicant was sentenced to five years’ imprisonment for the firearms offence and four years’ imprisonment for the cocaine offence, to run consecutively.