Afonso & Ors, R v

Afonso & Ors, R v

For out-of-work addicts supplying Class A drugs solely to finance their own addiction, with no stock and only a few supplies to undercover officers, the standard tariff of six years is disproportionately high. Sentences should be reduced to around two to two-and-a-half years after a guilty plea, with higher sentences reserved for commercial suppliers or those with aggravating features. Disparity in sentence must be justified by differences in role and record.

Parties
Appellant: Americo Practicio Afonso; Respondent: The Crown (Afonso); Appellant: Mohammed Sajid; Respondent: The Crown (Sajid); Appellant: Douglas Andrews; Respondent: The Crown (Andrews)
Jurisdiction
England and Wales
Judgment Date
09 September 2004
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeals allowed; sentences reduced
Legal Topics
Sentencing, Drug Offences, Appeals, Disparity of Sentence
Criminal Law Sentencing Drug Offences Appeals Disparity of Sentence

Case Brief

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Parties

Americo Practicio Afonso

Appellant

The Crown (Afonso)

Respondent

Mohammed Sajid

Appellant

The Crown (Sajid)

Respondent

Douglas Andrews

Appellant

The Crown (Andrews)

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 What is the appropriate sentencing range for retail suppliers of Class A drugs who are addicts supplying to finance their own addiction?
  2. 2 Should sentences be reduced for offenders whose culpability and harm are lower than commercial suppliers?
  3. 3 Was there unjustified disparity in sentence between co-accused?

Ratio Decidendi

For out-of-work addicts supplying Class A drugs solely to finance their own addiction, with no stock and only a few supplies to undercover officers, the standard tariff of six years is disproportionately high. Sentences should be reduced to around two to two-and-a-half years after a guilty plea, with higher sentences reserved for commercial suppliers or those with aggravating features. Disparity in sentence must be justified by differences in role and record.

Court Disposition

appeals allowed; sentences reduced

Orders

  • Afonso: sentence reduced from five years to three-and-a-half years' imprisonment concurrently on all counts; forfeiture and disposal orders affirmed.
  • Sajid: sentence reduced from three years three months to two-and-a-half years' imprisonment concurrently on all counts; forfeiture and disposal orders affirmed.