||All England Reporter
|| All ER (D) 75 (Jun)
||Court of Appeal, Criminal Division
Laws LJ, Holland J and Dame Heather Steel
||Geoffrey Clough (assigned by the Registrar of Criminal Appeals) for the defendant.
||10 June 2005
Sentencing - Conspiracy to supply heroin - Custodial sentence - Duration of sentence of imprisonment manifestly excessive.
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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