Source: All England Reporter
Publisher Citation: [2005] All ER (D) 284 (Nov)
Court: Court of Appeal, Criminal Division
Judge:

Gage LJ, Cresswell J and Judge Goldsack QC

Representation Edward Burgess (instructed by Palmer Ray Solicitors) for the offender.
  Jonathan Rees (instructed by the Treasury Solicitor) for the Attorney General.
Judgment Dates: 22 November 2005

Catchwords

Sentence - Deferred sentence - Review of sentence by Court of Appeal - Review on ground sentence unduly lenient - Production and supply of cannabis - Whether deferred sentence unduly lenient.

The Case

In the instant case, where the 61-year-old offender had pleaded guilty at the first opportunity to supply and production of cannabis, the deferred sentence was unduly lenient. At first instance, the offender could have expected to receive a custodial sentence of at least three years. Taking into account double jeopardy and the offender's mitigation, a sentence of 21months' imprisonment would be imposed.

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