Source: All England Reporter
Publisher Citation: [2005] All ER (D) 367 (May)
Court: Court of Appeal, Criminal Division
Judge:

Gage LJ, Curtis and Cox JJ
Representation Jennifer Goldring (assigned by the Registrar of Criminal Appeals) for the defendant.
Judgment Dates: 24 May 2005

Catchwords

Sentencing - Drug trafficking - Importation of cannabis - Custodial sentence - Defendant entering plea under plea before venue procedure - Duration of sentence manifestly excessive.

The Case

A sentence of 20 months' imprisonment was manifestly excessive where the defendant (who was of previous good character) had pleaded guilty under the plea before venue procedure to an offence of being knowingly concerned in the fraudulent evasion of the prohibition on the importation of a controlled drug of ClassC, namely 7.68kg of herbal cannabis. Unless significant discounts were granted to those pleading guilty under the plea before venue procedure, there would be little encouragement to enter pleas at that earlier stage. In the circumstances, a sentence of 12months' imprisonment would be imposed.

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