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Wholly suspended sentence for large-scale drug offence quashed due to lack of exceptional circumstances
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The Court of Appeal quashed a sentence imposed by the Circuit Court on a defendant for unlawful possession of drugs for sale and supply, finding that the wholly suspended three-year sentence constituted a substantial departure from what was appropriate. The appeal by the Director of Public Prosecutions was upheld on the basis that, despite significant mitigation, the circumstances were not wholly exceptional to justify a complete suspension of the sentence, particularly given the high value of drugs involved and the need for deterrence. The court resentenced the defendant to five years' imprisonment, suspending the final two and a half years in recognition of rehabilitation efforts and community engagement, but held that the initial reduction from an eight-year headline sentence was excessive and not justified by the facts.
undue leniency – appeal – court of appeal – sentence review – unlawful possession of drugs – sale and supply – mitigation – mandatory minimum sentencing – suspension of sentence – headline sentence – aggravating factors – rehabilitation – Criminal Justice Act 1993 – Misuse of Drugs Act 1977 – exceptional and specific circumstances – deterrence
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