| Source: | All England Reporter |
| Publisher Citation: | [2005] All ER (D) 251 (Jan) |
| Neutral Citation: | [2004] EWCA Crim 2713 |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Newman and Moses JJ |
| Representation | 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. | |
| Judgment Dates: | 16 October 2004 |
Catchwords
Sentencing - Conspiracy - Conspiracy to supply Class A drug - Possession of firearm when prohibited - Custodial sentence - Duration of sentence manifestly excessive.
The Case
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.
Lexis®Library
- An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Cases related to this particular case that are related to, or discuss this caseView related cases
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
