R v Przemyslaw Libert

In sentencing connected firearms, drug-supply and criminal-property offences, the court may impose consecutive terms for the distinct groups of offending. It must nevertheless assess the totality of the resulting sentence.

A firearm requiring only modest cleaning before it can be operated may properly be treated as a working type 1 firearm. The quantity of drugs, dealing paraphernalia and cash held may support a finding of a leading role and an expectation of substantial financial advantage. Where criminal property derives from underlying drug dealing, the money-laundering guideline may require an upward adjustment for the harm associated with that underlying activity.

Totality does not require a further reduction where the sentencing judge has already made appropriate reductions when setting individual and concurrent terms.

The appellant pleaded guilty at Snaresbrook Crown Court to possessing prohibited firearms, possessing a prohibited weapon and ammunition, possessing cannabis and amphetamine with intent to supply, and concealing criminal property. Firearms, ammunition, drugs, dealing paraphernalia and substantial cash were found at his home and storage unit.

HHJ Rosa Dean imposed a total of nine years’ imprisonment: six years for the firearms offending and three consecutive years for the drugs and criminal-property offending. The appellant appealed with leave, contending that the firearms starting points were excessive, that the sawn-off shotgun was not working, that he did not have a leading drugs role, that the concealment sentence was excessive, and that insufficient allowance had been made for totality.

1. Appeal dismissed. The total sentence of nine years’ imprisonment was appropriate to reflect the seriousness and totality of the offending.

2. The self-loading pistol was working and had matching ammunition. Although the sawn-off shotgun was corroded, it became operable after modest cleaning and the application of WD40. Both were therefore properly treated as type 1 firearms. Their intended use in the drugs business placed culpability in bracket A, while harm was category 3. The judge’s notional eight-year term for all firearms offending, before guilty-plea credit, was not manifestly excessive.

3. The drugs evidence supported a finding that the appellant had a leading role. The quantity of amphetamine, the evidence of supply, the dealing paraphernalia and the substantial cash justified the inference that his role exceeded a significant role and that he expected substantial financial advantage.

4. The criminal-property offending was properly approached as medium culpability when considered alone. However, the money was associated with the underlying drugs activity. The required upward adjustment for that associated harm brought a five-year starting point into consideration. The judge reduced the notional post-trial term to four years for totality and personal mitigation, which was within the reasonable sentencing range.

5. The judge had addressed totality throughout the exercise by reducing the drugs terms and making sentences concurrent where appropriate. No further overall reduction was required. The court commended the judge’s clear and simple sentencing approach.

• Court of Appeal (Criminal Division): Dismissed the appeal against the total sentence of nine years’ imprisonment: [2023] EWCA Crim 1556.
• Crown Court at Snaresbrook: On 10 May 2023, HHJ Rosa Dean sentenced the appellant, following guilty pleas, to a total of nine years’ imprisonment.