R v Edward Winston Pink

A sentence for a serious firearms conspiracy is not manifestly excessive where the sentencing judge has properly reflected the offender’s lesser, but still significant, role, the seriousness of the planned criminality and personal mitigation. A medical condition will justify a reduction in sentence only in an exceptional case. Where the judge has made a significant allowance for the condition and imposed a shorter sentence than on a more culpable co-conspirator, the Court of Appeal will not interfere merely because imprisonment will be especially difficult.

The applicant and his brother were convicted after a 13-day trial of conspiring to possess four firearms and ammunition with intent to endanger life. The firearms had been sent from the United States concealed in a microwave and were intercepted before a controlled delivery was made to the applicant’s business address.

HHJ Gower KC sentenced the applicant to 12 years’ imprisonment. His brother, who had direct contact with the United States supplier, received 14 years. The applicant renewed an application for leave to appeal after a single judge refused leave. He contended that his lesser involvement and the hardship caused by his prosthetic leg made the sentence manifestly excessive.

1. The renewed application for leave to appeal was refused. The sentence of 12 years’ imprisonment was not manifestly excessive.
2. The offending was very serious. The applicant played a lesser role than his brother, but it remained highly significant. He participated in planning for the firearms’ arrival, accepted delivery at his business address, was present when the microwave was opened, and attempted to conceal incriminating material when police entered the flat.
3. The sentencing judge was entitled to assess the applicant’s culpability by reference to the Category 2B range in the guideline for offences under Firearms Act 1968, s.16, notwithstanding that the offences charged were conspiracies. The applicant’s role and the aggravating features justified a sentence at the top of Category 2B, or the bottom of Category 2A.
4. The judge had adequately allowed for the applicant’s lesser culpability by imposing a sentence two years shorter than that imposed on his brother. The judge had also expressly taken account of the applicant’s prosthetic leg, his pain, and the greater difficulty he would experience in prison. A medical condition warrants a sentencing reduction only in an exceptional case, and the sentencing remarks showed that a significant allowance had already been made.

• Court of Appeal (Criminal Division) In [2024] EWCA Crim 546, the court refused the renewed application for leave to appeal against sentence.
• Single judge The single judge refused leave to appeal, finding that the 12-year sentence was not arguably manifestly excessive.
• Crown Court Following conviction after a 13-day trial, HHJ Gower KC sentenced the applicant to 12 years’ imprisonment for two conspiracies concerning firearms and ammunition with intent to endanger life.