Boothe, R. v

[2009] EWCA Crim 1938

Case details

Case citations
[2009] EWCA Crim 1938
Court
Court of Appeal (Criminal Division)
Judgment date
10 September 2009
Judgment text

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Subjects
Criminal Sentencing Firearms and drug offences
Keywords
appeal against sentence consecutive sentences totality manifestly excessive sentence prohibited firearm loaded sawn-off shotgun cocaine supply statutory minimum sentence
Outcome
application refused (renewed application for leave to appeal against sentence)
Judicial consideration

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Summary

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.

Factual background

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.

Held

  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.

The court’s approach to earlier authorities

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Appellate history

  • 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.

Lower court decision

Judgment appealed:
Not stated in the judgment
Outcome:
application refused (renewed application for leave to appeal against sentence)

Key cases cited

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Cases citing this case

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