||All England Reporter
|| All ER (D) 251 (Jan)
|| EWCA Crim 2713
||Court of Appeal, Criminal Division
Newman and Moses JJ
||Peter Sabiston (assigned by the Registrar of Criminal Appeals) for the first appellant.
||Peter Johnson (assigned by the Registrar of Criminal Appeals) for the second appellant.
||16 October 2004
Sentencing - Conspiracy - Conspiracy to supply Class A drug - Possession of firearm when prohibited - Custodial sentence - Duration of sentence manifestly excessive.
In sentencing the appellant to a total of seven years' imprisonment for conspiracy to supply heroin and possession of a firearm the judge had taken too high a starting point. The appellant was an unemployed addict for which there were few means of funding his addiction. Applying the approach laid down in case law the court should have recognised in consequence that his culpability was less than many other suppliers. The introduction of the firearm into the chain of the events was inexplicable other than for the reason that it was produced as an act of bravado.
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