Dawson v R [2012] EWCA Crim 1476 (05 July 2012)

Dawson v R [2012] EWCA Crim 1476 (05 July 2012)

The prosecution did not accept that the appellant was involved in only one delivery; the basis of plea did not clearly limit his involvement to a single delivery, and the prosecution was entitled to proceed on further evidence of conspiracy. The consecutive sentence was appropriate given the appellant's criminality.

Citation
[2012] EWCA Crim 1476
Parties
Appellant: Anthony Michael Dawson; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
05 July 2012
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal dismissed
Legal Topics
Abuse of Process, Conspiracy to Supply Drugs, Sentencing, Basis of Plea
Criminal Law Abuse of Process Conspiracy to Supply Drugs Sentencing Basis of Plea

Case Brief

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Parties

Anthony Michael Dawson

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether prosecution of further drug deliveries after acceptance of basis of plea for single delivery constitutes abuse of process
  2. 2 Whether consecutive sentence for conspiracy was excessive

Ratio Decidendi

The prosecution did not accept that the appellant was involved in only one delivery; the basis of plea did not clearly limit his involvement to a single delivery, and the prosecution was entitled to proceed on further evidence of conspiracy. The consecutive sentence was appropriate given the appellant's criminality.

Court Disposition

Appeal dismissed

Orders

  • Renewed application for leave to appeal sentence refused