Source: All England Reporter
Publisher Citation: [2008] All ER (D) 87 (Jun)
Court: Court of Appeal, Criminal Division

Scott Baker J, Burnett J and Judge Roberts QC

Representation David Leathley (assigned by the Registrar of Criminal Appeals) for the defendant.
Judgment Dates: 9 June 2008


Sentence - Imprisonment - Length of sentence - Possessing a Class B drug - Two years' imprisonment - Whether sentence manifestly excessive.

The Case

The defendant's appeal against a sentence of two years' imprisonment following his plea of guilty of possessing a Class B drug, namely amphetamine, would be allowed. Taking into account all the mitigating factors and the authority which also applied to a case of possessing a Class B drug, the sentence was manifestly excessive. The correct sentence, in all the circumstances, was nine months' imprisonment.

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