A man jailed for 12 years after being caught with ammunition has had his sentence cut by more than three years on appeal.

Christopher Perinchief pleaded guilty to possession of ammunition after 32 rounds were discovered hidden in a Thermos in his car on February 13, 2022.

Puisne Judge Shade Subair Williams sentenced Perinchief to the mandatory minimum of 12 years.

But Saul Froomkin, counsel for Perinchief, argued that the judge could have delivered a sentence below the minimum and did not give reasons why she did not.

In addition to a discount of up to 30 per cent for his early guilty plea, Mr Froomkin argued that Perinchief should be eligible for a “Covid discount” offered to those who pleaded guilty between April and August 2022.

In a judgment dated December 23, the Court of Appeal found that because the judge did not address the issue when handing down her sentence, it was open for the higher court to consider it.

“In this case the question whether exceptional circumstances exist justifying a sentence below the statutory minimum very much ties in with the creation of the further discount which was effected by the circular, made known to the criminal bar and which led the appellant to make contact with the Director of Public Prosecutions for her determination whether the appellant should be entitled to a further discount of up to 30 per cent,” the judgment stated.

“The director did support the application of the further discount in the appellant’s case.

“It seems to me that if the judge had addressed her mind to the question, she would have been entitled to conclude that the manner in which the grant of a judgment approved by the court for handing down further discount had operated in this case could indeed be treated as a special circumstance.”

The Appeal Panel found that with both the guilty plea and the Covid discount, a sentence below the mandatory minimum of 12 years was appropriate and reduced the sentence to one of eight years and six months.

During his sentencing, the Supreme Court heard that at about 6am on February 13, 2022, police responded to a report of an incident at the Ambiance nightclub.

On their arrival, they were informed that a suspect had left the area in a white car. They were given the licence plate for the vehicle and went to the owner’s registered address in Smith’s.

As they approached the residence, the officers noticed a white van backing into a nearby driveway, but continued to the address, where they found a damaged white car missing its licence plate and bumper.

Officers then saw a man wearing a grey hooded top emerge from nearby bushes, who quickly fled after seeing the police.

They followed the man and saw the white van they had seen earlier. The keys were still in the ignition and there were several items inside, including a Thermos.

Police subsequently arrested Perinchief, who was found a short distance away wearing the same clothes as the man officers had seen fleeing.

The officers searched the van, which Perinchief confirmed was his, and opened the Thermos. They saw a puff of white powder and quickly resealed it.

They seized the Thermos and although tests revealed the white powder was not a drug, officers discovered 32 rounds of ammunition inside.

Mr Froomkin told the court at the sentencing that Perinchief had made a “stupid mistake” by agreeing to hold the ammunition for someone else.

Mrs Justice Subair Williams said the 32-year-old had no previous offences and had been described as a loving and active father to his daughter. However, she found no reason to go below the mandatory minimum sentence of 12 years.

The Court of Appeal said that while it appeared Mrs Justice Subair Williams had adopted the 14 to 15-year starting point recommended by the Crown, it was unclear what discount she had given the defendant to reach the final sentence.

“A discount of 30 per cent on 14 years would lead to a sentence of 9.8 years, and on 15 years would lead to a sentence of 10.5 years – in both cases significantly below the sentence the judge imposed of 12 years,” the judgment said.

“No doubt the judge did accept the submissions of the Crown that it was inappropriate to apply the ordinary sentencing discount for an early plea if that has the effect of reducing the sentence below the statutory minimum of 12 years.”

“Sentencing is not, of course, a mathematical exercise, but where there is a discount to be applied, one needs to know both the starting point and where the application of a particular discount leaves one.

“And if the consequence of that exercise is that the sentence to be imposed falls below the statutory minimum of 12 years, then consideration needs to be given to whether the criteria for allowing a sentence to be imposed below the statutory minimum are met.”

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