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Court of Appeal allows appeal of unduly lenient sentences imposed on men convicted of offences of sale and supply of drugs, on the basis that the sentencing judge was not in error in departing from the statutory minimum on the grounds of injustice, but that the suspended sentences cannot be upheld and will be replaced with sentences of three years’ imprisonment.
Criminal law – sentencing – application by DPP to review sentence – undue leniency – s. 2 of the Criminal Justice Act 1993 – s.15A of the Misuse of Drugs Act 1977 – s. 27 of the 1977 Act as amended by s.33 of the Criminal Justice Act, 2007 – ten-year sentence of imprisonment suspended in its entirety for seven years – suspended sentences imposed on the respondents must be set aside and replaced by appropriate sentences – sentencing judge was not in error in departing from the statutory minimum on the ground of injustice but suspended sentences cannot be upheld – appeal allowed – three years’ imprisonment imposed.
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