Andre Jordan Bell v R

Andre Jordan Bell v R

The sentence of 15 months was not manifestly excessive given the significant role, aggravating factors, and pattern of offending. The Recorder was entitled to reject the appellant's account as implausible without a Newton hearing. Suspension was not appropriate due to ongoing risk, further offending, and breach of licence conditions; only immediate custody was justified.

Parties
Appellant: Andre Jordan Bell; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
22 February 2023
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sentencing, Drug Offences, Appeals, Suspension of Sentence
Criminal Law Sentencing Drug Offences Appeals Suspension of Sentence

Case Brief

Summary, issues, holding and outcome

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Parties

Andre Jordan Bell

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of 15 months imprisonment was manifestly excessive
  2. 2 Whether the sentence should have been suspended

Ratio Decidendi

The sentence of 15 months was not manifestly excessive given the significant role, aggravating factors, and pattern of offending. The Recorder was entitled to reject the appellant's account as implausible without a Newton hearing. Suspension was not appropriate due to ongoing risk, further offending, and breach of licence conditions; only immediate custody was justified.

Court Disposition

appeal dismissed

Orders

  • The appeal against sentence is dismissed.