Court of Appeal dismisses appeal against the leniency of a wholly suspended sentence of five years imposed for the unlawful possession of cannabis on an appellant who has a very serious medical condition which requires the use of a wheelchair, on the grounds that while the sentence was lenient, it was not unduly lenient.
Criminal law – sentencing – undue leniency – whether suspended sentence of five years imposed for unlawful possession of cannabis was unduly lenient – s. 2 of the Criminal Justice Act 1993 – Misuse of Drugs Regulations 1988 and 1993 – s. 5 of the Misuse of Drugs Act 1997, and contrary to s. 15A (as inserted by s. 4 of the Criminal Justice Act 1999) and s. 27 (as amended by s. 5 of the Criminal Justice Act 1999) of the Misuse of Drugs Act 1977 – sentencing judge properly exercised his discretion in his decision to depart from the requirement to impose a sentence of at least ten years' imprisonment – appellant has a very serious medical condition which requires the use of a wheelchair – whether judge’s decision to suspend the entire five-year term was correct – sentence was lenient, but not unduly lenient – appeal dismissed.