Court of Appeal allows fresh appeal against sentence of 18 years’ imprisonment that was wrongly categorised

Rabah Kherbane was instructed to represent the Appellant in the recently released judgment in Findlay [2024] EWCA Crim 313. Rabah was instructed as fresh counsel to pursue an appeal against sentence.

The court agreed with Rabah’s argument that the trial judge had wrongly categorised the firearms offences. The Appellant’s sentence for offences of possession of two firearms with intent to endanger life, Class A drugs supply, and possession of counterfeit currency was reduced from 18 years’ imprisonment to 15 years’ imprisonment. 

Separately, the court highlighted that for the firearms offences to be categorised correctly within higher harm, there needed to be an evidential basis to find an “elevated risk” beyond that intrinsically carried by the possession of firearms and ammunition with intent to endanger life. Otherwise, categorisation within the harm bracket of the guidelines would not be logical.

Rabah was instructed by Sharon Toor at Kalber Struckley & Co Solicitors.