Elyace Hamchaoui [2019] EWCA Crim 1454

The applicant was part of a conspiracy to transfer firearms where he acted as an intermediary between those delivering and collecting. The firearms involved were a submachine gun and pistol along with cartridges capable of use in both guns. Although he was not present, he was “deeply involved” in organising the transfer. He was sentenced to 14 years’ imprisonment.

The grounds for appeal were that the sentence was excessive because of what was suggested as the range indicated for intermediaries in Attorney General’s Reference Nos 128-141 and 8-10 of 2016. Also, that he was 20 years old at the time and of previous good character.

Held: the indications in the Attorney General’s Reference were clearly of assistance, but some caution should be adopted as they related primarily to the tariff in the particular circumstances of that case. The central and most aggravating feature, in this case, was the nature of the two lethal weapons, both of which were loaded with ammunition. The point was made that the applicant was not present at the transfer, but that was only one of the factors to be considered. He had clearly played a close and pivotal role in organising and orchestrating what occurred. The appeal was dismissed.