Davies & Ors, Re Reference by the Attorney General [2003] EWCA Crim 3185 (14 November 2003)

Davies & Ors, Re Reference by the Attorney General [2003] EWCA Crim 3185 (14 November 2003)

The sentences imposed were unduly lenient given the scale, organisation, and seriousness of the offences, and the absence of justification for substantial departure from established sentencing guidelines; the Court substituted higher sentences accordingly.

Source-derived case information.

Citation
[2003] EWCA Crim 3185
Parties
Applicant: Attorney General; Offender/respondent: Clark Richard Davies; Offender/respondent: James Rowan; Offender/respondent: John Abbey; Offender/respondent: Mohammed Hassan
Jurisdiction
England and Wales
Judgment Date
14 November 2003
Procedural Posture
Criminal Reference (unduly Lenient Sentence) / Court of Appeal (criminal Division) Reference Under S.36 Criminal Justice Act 1988
Outcome
Sentences increased on reference; original sentences quashed and substituted with higher terms.
Legal Topics
Sentencing, Drug Offences, Conspiracy, Unduly Lenient Sentences, Firearms Offences
Criminal Law Sentencing Drug Offences Conspiracy Unduly Lenient Sentences Firearms Offences

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 11 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Attorney General

Applicant

Clark Richard Davies

Offender/respondent

James Rowan

Offender/respondent

John Abbey

Offender/respondent

Mohammed Hassan

Offender/respondent

Procedural Posture

Criminal Reference (unduly Lenient Sentence) / Court of Appeal (criminal Division) Reference Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentences imposed for conspiracy to supply Class A and B drugs were unduly lenient
  2. 2 Appropriate sentencing levels for large-scale drug importation conspiracies

Ratio Decidendi

The sentences imposed were unduly lenient given the scale, organisation, and seriousness of the offences, and the absence of justification for substantial departure from established sentencing guidelines; the Court substituted higher sentences accordingly.

Court Disposition

Sentences increased on reference; original sentences quashed and substituted with higher terms.

Orders

  • Hassan: 17 years concurrent on Counts 1-2, 2 years concurrent on firearms offences to run consecutively (total 19 years)
  • Rowan: 15 years concurrent on Counts 1-2