CRIMINAL DIVISION
Strand London WC2A 2LL |
||
B e f o r e :
MRS JUSTICE McGOWAN DBE
HER HONOUR JUDGE MORELAND
(Sitting as a Judge of the CACD)
____________________
REX |
||
- v - |
||
PRZEMYSLAW LIBERT |
____________________
Lower Ground, 18-22 Furnival Street, London EC4A 1JS
Tel No: 020 7404 1400; Email: rcj@epiqglobal.co.uk (Official Shorthand Writers to the Court)
____________________
Crown Copyright ©
LADY JUSTICE WHIPPLE:
The Facts
The Sentencing Hearing
The grounds of appeal
a. Ground 1, the starting point of 8 years for the self-loading pistol was too high but was an antique, unloaded and it was locked away.
b. Ground 2, the starting point of 8 years for the sawn-off shotgun was also too high. It was inoperable in the state in which it was found. It too was unloaded and locked away.
c. Ground 3, it was wrong not to distinguish between a firearm which was in working order, under count 1, and a firearm which was not under count 2. The sawn-off shotgun needed repair, not just cleaning to make it operable.
d. Ground 4, the judge was wrong to find that the appellant had a leading role in the drugs offences, solely because of the large amounts of cash and potential for profit. Cash is a normal incident of involvement with drugs and should not have been treated as an aggravating factor.
e. Ground 5, 4 years, after trial, for the concealment offence was manifestly excessive given that no category A features were present for this offending. The money was earned by drug dealing and placed in a safe. This was basic offending without sophisticated elements.
f. Ground 6, the judge failed to make an appropriate adjustment for totality, noting the approach of this Court in R v Baptiste [2007] EWCA Crim 2772.
Discussion
Conclusion