Attorney General's Office

Solicitor General welcomes strong message from Court of Appeal

The Solicitor General, Edward Garnier QC MP, today welcomed the doubling of the prison sentence originally given to 23 year old Zephen Rollings for possession of a loaded firearm with intent to enable another to endanger life, from five to 10 years.

The Solicitor had appealed the sentence to the Court of Appeal as possibly unduly lenient, arguing that as the supply and movement of dangerous weapons around the country was essential to the violent criminal acts committed with them, the punishment of the facilitators should reflect the gravity of the potential ultimate result of their activity.

In the case of Zephen Rollings the weapon - a Smith and Wesson.357 calibre Magnum revolver loaded with hollow-point bullets, was particularly dangerous.

The Solicitor General said: "In my view the original sentence of five years was unduly lenient and did not properly reflect the seriousness of the crime. It was truly shocking that a gun loaded with dum dum bullets, which expand on impact, was being carried in broad daylight in a residential street. The Court of Appeal agreed and doubled the sentence.

"The facts of this case painted a stark picture. Criminals carrying guns cause untold misery. The court clearly recognised the seriousness of this crime and I hope the increased sentence of ten years sends out a clear message that gun crime will be dealt with severely."

Background:
On 6 July last year police officers searched Zephen Rollings in a mini-cab outside an address in Brockley, South London. He was carrying a small leather bag which contained an American .357 Magnum calibre Smith and Wesson revolver. The gun was loaded with live ammunition which on test firing were found to mushroom on impact. He pleaded guilty to possessing a firearm with intent to enable another to endanger life and to possessing both a prohibited weapon and ammunition. On 10th November at Woolwich Crown Court, he was sentenced to a total of 5 years imprisonment.

The case was referred under the unduly lenient sentence scheme to the Court of Appeal and presented by the Solicitor General, Edward Garnier QC MP Giving judgment today Lady Justice Hallett, Mr Justice Irwin and Mr Justice Nicol increased his sentence to 10 years imprisonment.
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For media enquiries please contact the Attorney General's Press Office on 020 7271 2440 or email bernie.caffarey@attorneygeneral.gsi.gov.uk
Notes to editors:
1. The sentencing remarks are available: http://www.judiciary.gov.uk/media/judgments/2012/r-v-rollings-judgment

2. Under the Criminal Justice Act of 1988, The Attorney General's Office has the power to refer sentences passed in certain cases to the Court of Appeal for review if they conclude that the sentence was unduly lenient. A sentence will only be unduly lenient if it falls significantly below the sentence that any Judge could reasonably have passed.

3. The Attorney General has the power to refer sentences to the Court of Appeal if he considers them to be unduly lenient. The test needed to apply when deciding if a sentence or a tariff may be unduly lenient is if it falls outside the range of sentence that a judge, taking into account any relevant sentencing guidance and all relevant considerations, could reasonably have considered appropriate.

4. Cases are usually referred to the Attorney General by the CPS but it is open also to victims, their families, members of the public and MPs to ask the Attorney General to consider whether a sentence is unduly lenient.

5. An unduly lenient sentence is one that falls outside the range of sentence that a judge, taking into account any relevant sentencing guidance and all relevant considerations, could reasonably consider appropriate.