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Court of Appeal allows appeal of unduly lenient suspended sentences imposed on two offenders convicted of drugs possession and adds an additional 240 hours of community service by way of reparation for their wrongdoing, on the grounds that the sentencing judge erred by not requiring a period of imprisonment to be served by both respondents (although in light of their progress no imprisonment is now warranted), and the imposition of such a lenient sentence was not in the public interest.
Criminal law – sentencing – undue leniency – whether sentence of five and a half years' imprisonment wholly suspended were unduly lenient – s. 2 of the Criminal Justice Act 1993 – s. 15A of the Misuse of Drugs Act 1977 – whether the sentencing judge erred in principle in the imposition of such a lenient sentence as such was not in the public interest – personal circumstances of both respondents in this case were not of such an exceptional nature as to justify a wholly suspended sentence – judge erred by not requiring a period of imprisonment to be served by both respondents and in our view the minimum sentence to be imposed bearing in mind the particular circumstances of this case would have been a sentence of two years imprisonment – 240 hours of community service by way of reparation for their wrongdoing – appeal allowed.
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