Ali, R. v

For a first relevant bladed-article offence falling within category A culpability and category 2 harm, the applicable sentencing-guideline starting point is six months’ imprisonment. Carrying the knife with a loaded firearm is a material aggravating feature and can justify an uplift before allowance for a guilty plea.

A consecutive sentence may properly reflect the distinct criminality of carrying a knife as part of a criminal enterprise. The overall sentence must nevertheless remain just and proportionate under the totality principle.

The appellant pleaded guilty at the Central Criminal Court to possessing a bladed article and a Class B controlled drug. Following a jury trial, he was convicted of possessing a firearm with intent to cause fear of violence and possessing ammunition without a firearm certificate.

He had travelled in a minicab with a loaded automatic pistol concealed in the vehicle and a knife on his person. The Recorder imposed a total sentence of ten years’ imprisonment, including a consecutive two-year sentence for the knife offence.

The appellant appealed his sentence with leave, principally challenging the knife sentence and the application of totality.

1. Appeal allowed in part. The court quashed the two-year sentence for possession of the bladed article and substituted a consecutive sentence of six months’ imprisonment. The remaining sentences were undisturbed, reducing the total term from ten years to eight years and six months.

2. There was no justifiable criticism of the sentences for the firearms offences. The appellant possessed a loaded automatic weapon with the intent required by section 16A of the Firearms Act 1968. His youth, limited record and lack of previous custody did not render those sentences excessive.

3. The knife offence was separate from the firearms offending and also aggravated its seriousness. Under the Sentencing Council’s definitive guideline on bladed articles and offensive weapons, it fell within category A culpability and category 2 harm. As this was the appellant’s first relevant offence, the minimum-term provisions did not apply. The starting point was therefore six months’ imprisonment.

4. The fact that the knife was carried with the gun justified an uplift to eight months before credit for the guilty plea. The Recorder had not erred in making the knife sentence consecutive: that properly recognised the criminality of carrying knives as part of a criminal enterprise. However, a two-year term was excessive when assessed against the guideline, the plea credit and totality.

• Court of Appeal (Criminal Division): Allowed the sentence appeal in part and substituted a consecutive six-month sentence for the bladed-article offence.

• Central Criminal Court: The appellant pleaded guilty on 18 July 2018 to the bladed-article and drug counts. On 6 December 2018, following a jury trial before Recorder Sells QC, he was convicted of the firearms and ammunition counts. He was sentenced on 7 December 2018 to a total of ten years’ imprisonment.