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The Court of Appeal has set aside the original eight and a half year prison sentence for a man convicted of possessing large quantities of drugs, acknowledging his lower level of involvement and efforts towards rehabilitation. The original court had already departed from the presumptive mandatory minimum sentence of ten years due to mitigating factors, but the Court of Appeal found that insufficient weight was given to the offender's cognitive impairments and his willingness to engage in rehabilitation. Consequently, the Court of Appeal reduced the sentence to seven years, backdated to the date of initial custody.
Court of Appeal, drug possession, Misuse of Drugs Act 1977, presumptive mandatory minimum sentence, mitigation, rehabilitation, cognitive impairments, early guilty plea, proportionality, exceptional and specific circumstances, psychological report, ADHD, substance abuse, mental health, sentencing discretion, suspended sentence, headline sentence, proportionate sentence, totality principle.
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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