Attorney General's Reference No. 110 OF 2004 [2004] EWCA Crim 3287 (16 December 2004)

Attorney General's Reference No. 110 OF 2004 [2004] EWCA Crim 3287 (16 December 2004)

The original sentence was unduly lenient because the offence of possession with intent to supply Class A drugs ordinarily requires a custodial sentence, and the sentencing judge erred in linking the sentence to a previous non-custodial sentence for theft. The appropriate sentence is 18 months' imprisonment.

Citation
[2004] EWCA Crim 3287
Parties
Applicant: Attorney General; Offender: Christopher Keylock
Jurisdiction
England and Wales
Judgment Date
16 December 2004
Procedural Posture
Criminal Reference / Reference by Attorney General Under S.36 Criminal Justice Act 1988
Outcome
Sentence increased to 18 months' imprisonment
Legal Topics
Sentencing, Possession With Intent to Supply, Unduly Lenient Sentence, Double Jeopardy
Criminal Law Sentencing Possession With Intent to Supply Unduly Lenient Sentence Double Jeopardy

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Parties

Attorney General

Applicant

Christopher Keylock

Offender

Procedural Posture

Criminal Reference / Reference by Attorney General Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentence imposed for possession of Class A drugs with intent to supply was unduly lenient
  2. 2 Whether the sentencing judge erred by linking the sentence to a previous non-custodial sentence for theft

Ratio Decidendi

The original sentence was unduly lenient because the offence of possession with intent to supply Class A drugs ordinarily requires a custodial sentence, and the sentencing judge erred in linking the sentence to a previous non-custodial sentence for theft. The appropriate sentence is 18 months' imprisonment.

Court Disposition

Sentence increased to 18 months' imprisonment

Orders

  • Offender to surrender to police by 4:30 pm for sentence to commence immediately