Michael John Crimes [2019] EWCA Crim 1108
Following a shooting, believed to be gang-related, the appellant set fire to the get-away car and was linked to the cars used by the offenders to get to and from the shooting. When the police went to arrest him, he was found with a quantity of amphetamine, a stolen van and two motorbikes were also found. After initial denials he pleaded guilty to handling two stolen vehicles and possession of amphetamine with intent to supply.
On a separate indictment he was charged with offences relating to the shooting and pleaded guilty to two offences contrary to s45(1)(A) of the Serious Crime Act 2015. The first that he assisted in the stealing of motor vehicles on behalf of a Salford organised crime group and the second was that he had knowingly taken part in activities of an organised crime group by destroying a motor vehicle by fire. He entered pleas at a late stage.
He was sentenced to a total of 6 years and 6 months and on appeal took issue with the sentences on the Serious Crime Act offences, for the first offence the sentence was 27 months with 42 months consecutive for the second. On the other indictments the sentences were 9 months on each, concurrent to each other but consecutive to the longer sentences.
The defence looked to the theft guidelines for the first offence and perverting the course of justice for the second as there are no guidelines for the offences themselves.
Held: if dealt with on their own the offences of handling stolen goods and the drugs offence would have attracted a far higher sentence than 9 months, the second gang related offence was serious, a determined attempt to impede the inevitable police investigation, seriousness that went beyond that which is inherent in many other attempts to pervert the course of justice. The view of the Court was that the sentence for the second offence implied a sentence before plea credit of around 4 years and was somewhat too long. However, the sentences on the other indictments were very low, an overall sentence of 6 years and 6 months although “stiff” was not manifestly excessive.