Valentas & Anor, R. v

Valentas & Anor, R. v

The Sentencing Advisory Panel's consultation paper does not constitute binding guidance and cannot justify interfering with sentences properly imposed under existing Court of Appeal guideline authority; the sentencing judge was correct to apply the current guidance.

Parties
Respondent: Regina; Appellant: Andrejs Valentas; Appellant: Janis Tabuns
Jurisdiction
England and Wales
Judgment Date
03 February 2010
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal dismissed
Legal Topics
Sentencing, Drug Offences, Appeals, Sentencing Guidelines
Criminal Law Sentencing Drug Offences Appeals Sentencing Guidelines

Case Brief

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Parties

Regina

Respondent

Andrejs Valentas

Appellant

Janis Tabuns

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the Sentencing Advisory Panel's consultation paper should influence sentencing for drug importation offences before it becomes definitive guidance
  2. 2 Whether the sentences imposed were excessive in light of the Panel's proposals

Ratio Decidendi

The Sentencing Advisory Panel's consultation paper does not constitute binding guidance and cannot justify interfering with sentences properly imposed under existing Court of Appeal guideline authority; the sentencing judge was correct to apply the current guidance.

Court Disposition

Appeal dismissed

Orders

  • Appeals against sentence dismissed for both appellants