R v Damilola Ogundeyin

R v Damilola Ogundeyin

The evidence did not establish that the applicant had an operational or management function or that his reward was significant; his role was properly categorised as 'lesser' under category 2 of the guidelines, but the sentence should be at the top of the range due to aggravating features. The original sentence was quashed and substituted with a lower sentence consistent with a 'lesser role'.

Parties
Prosecutor: Rex; Applicant/appellant: Damilola Ogundeyin
Jurisdiction
England and Wales
Judgment Date
07 February 2024
Procedural Posture
Criminal Appeal / Judgment on Renewed Application for Leave to Appeal Against Sentence
Outcome
appeal allowed in part; sentence reduced
Legal Topics
Sentencing, Drug Offences, Appeals Procedure
Criminal Law Sentencing Drug Offences Appeals Procedure

Case Brief

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Parties

Rex

Prosecutor

Damilola Ogundeyin

Applicant/appellant

Procedural Posture

Criminal Appeal / Judgment on Renewed Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in categorising the applicant's role as 'significant' rather than 'lesser' under the Sentencing Council guidelines for supply of Class A drugs
  2. 2 Whether too much weight was placed on the applicant's historic serious previous conviction
  3. 3 Whether insufficient credit was given for mitigation

Ratio Decidendi

The evidence did not establish that the applicant had an operational or management function or that his reward was significant; his role was properly categorised as 'lesser' under category 2 of the guidelines, but the sentence should be at the top of the range due to aggravating features. The original sentence was quashed and substituted with a lower sentence consistent with a 'lesser role'.

Court Disposition

appeal allowed in part; sentence reduced

Orders

  • Extension of time for leave to appeal granted
  • Sentence of nine years' imprisonment quashed