Strugnall, R. v [2018] EWCA Crim 2895 (20 November 2018)

Strugnall, R. v [2018] EWCA Crim 2895 (20 November 2018)

The original sentence was unduly lenient because the seriousness of the offences, including reoffending on bail and previous convictions, required a custodial sentence in line with the sentencing guidelines. There was insufficient prospect of successful rehabilitation to justify a community order, and the judge failed to provide adequate reasons for departing from the guidelines.

Citation
[2018] EWCA Crim 2895
Parties
Prosecution: Regina; Offender: Kay Strugnall
Jurisdiction
England and Wales
Judgment Date
20 November 2018
Procedural Posture
Criminal Appeal (attorney General's Reference) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988
Outcome
Appeal allowed; sentence quashed and replaced with custodial sentences.
Legal Topics
Sentencing, Possession With Intent to Supply, Class a Drugs, Unduly Lenient Sentence, Drug Rehabilitation Requirement
Criminal Law Sentencing Possession With Intent to Supply Class a Drugs Unduly Lenient Sentence Drug Rehabilitation Requirement

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Parties

Regina

Prosecution

Kay Strugnall

Offender

Procedural Posture

Criminal Appeal (attorney General's Reference) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the original sentence was unduly lenient
  2. 2 Whether a community order with a drug rehabilitation requirement was appropriate given the seriousness and aggravating features of the offences
  3. 3 Whether the sentencing judge properly applied and explained departure from the sentencing guidelines

Ratio Decidendi

The original sentence was unduly lenient because the seriousness of the offences, including reoffending on bail and previous convictions, required a custodial sentence in line with the sentencing guidelines. There was insufficient prospect of successful rehabilitation to justify a community order, and the judge failed to provide adequate reasons for departing from the guidelines.

Court Disposition

Appeal allowed; sentence quashed and replaced with custodial sentences.

Orders

  • Original community orders quashed.
  • On count 1: two years, four months' imprisonment.