Source: All England Reporter
Publisher Citation: [2005] All ER (D) 75 (Jun)
Court: Court of Appeal, Criminal Division
Judge:

Laws LJ, Holland J and Dame Heather Steel
Representation Geoffrey Clough (assigned by the Registrar of Criminal Appeals) for the defendant.
Judgment Dates: 10 June 2005

Catchwords

Sentencing - Conspiracy to supply heroin - Custodial sentence - Duration of sentence of imprisonment manifestly excessive.

The Case

A sentence of eight years' imprisonment was manifestly excessive where the 33-year-old defendant (a serving prisoner and heroin addict with previous convictions) had been convicted of conspiracy to supply heroin. He had asked his 16-year-old stepson (also a heroin addict with previous convictions) to supply him a quantity of heroin in prison. The stepson had been found in possession of 0.09g of heroin. Having regard principally to that small quantity (from which it was to be inferred that the supply would have been only in relation to one person and not the prison population), the appropriate sentence was one of five years' imprisonment.

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