Nualpenyai, R v

Nualpenyai, R v

The original starting point of eight years for the trafficking offences was too high given the Sentencing Guidelines and the facts; an appropriate starting point was between six and six and a half years, and after credit for guilty plea and mitigation, sentences of five years were substituted for counts 2 and 3.

Source-derived case information.

Parties
Prosecution: Regina; Applicant: Atchara Nualpenyai
Jurisdiction
England and Wales
Judgment Date
10 March 2010
Procedural Posture
Criminal Appeal / Judgment on Leave to Appeal and Substantive Appeal
Outcome
appeal allowed in part
Legal Topics
Trafficking for Sexual Exploitation, Controlling Prostitution for Gain, Drug Possession, Sentencing Guidelines, Personal Mitigation
Criminal Law Trafficking for Sexual Exploitation Controlling Prostitution for Gain Drug Possession Sentencing Guidelines Personal Mitigation

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Atchara Nualpenyai

Applicant

Procedural Posture

Criminal Appeal / Judgment on Leave to Appeal and Substantive Appeal

Legal Issues

  1. 1 whether the sentence imposed was excessive in light of sentencing guidelines
  2. 2 whether sufficient credit was given for guilty pleas and personal mitigation

Ratio Decidendi

The original starting point of eight years for the trafficking offences was too high given the Sentencing Guidelines and the facts; an appropriate starting point was between six and six and a half years, and after credit for guilty plea and mitigation, sentences of five years were substituted for counts 2 and 3.

Court Disposition

appeal allowed in part

Orders

  • sentences of six and a half years on counts 2 and 3 quashed and substituted with five years each
  • other sentences remain unchanged