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Court of Appeal quashes sentence and substitutes a more lenient sentence, on the grounds that, while the 10-year headline sentence could not be considered to have been inappropriate as the offence was commercial drug dealing at a significant level and was not an isolated incident, the appellant could lay claim to very strong mitigation as: he had pleaded guilty at the first opportunity; been co-operative; had no previous convictions; had a strong employment history; and was of positive previous good character, contributing to the community very significantly through his long service with the RNLI.
Offence: offence contrary to s. 15A of the Misuse of Drugs Act 1977
Original sentence: 10 years with 3 years suspended
Appeal by: defence, on grounds that hat the sentencing judge erred in failing to adequately consider the provisions of s. 27 of the Misuse of Drugs Act 1977 insofar as they allow a sentencing judge to depart from the presumptive minimum sentence in offences of this nature and in failing adequately to consider and give due weight to mitigating factors and personal circumstances
Outcome: new sentence of six years substituted
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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