Harding, R. v [2007] EWCA Crim 2634 (22 October 2007)

Harding, R. v [2007] EWCA Crim 2634 (22 October 2007)

Harding's sentence, though very lenient, was not unduly so given the prospects of rehabilitation and the modest scale of his offending. Hawkes' sentence was unduly lenient because his conduct was closer to commercial supply, involved organisation, and included possession of offensive weapons, which should have been...

Source-derived case information.

Citation
[2007] EWCA Crim 2634
Parties
Applicant: Attorney General; Respondent/offender: Paul William Harding; Respondent/offender: John Clayton Hawkes
Jurisdiction
England and Wales
Judgment Date
22 October 2007
Procedural Posture
Criminal Appeal (attorney General's Reference) / Sentence Review Under Section 36 Criminal Justice Act 1988
Outcome
Harding: No alteration to sentence. Hawkes: Sentence increased.
Legal Topics
Sentencing, Drug Offences, Possession of Offensive Weapons, Attorney General's Reference, Unduly Lenient Sentences
Criminal Law Sentencing Drug Offences Possession of Offensive Weapons Attorney General's Reference Unduly Lenient Sentences

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Parties

Attorney General

Applicant

Paul William Harding

Respondent/offender

John Clayton Hawkes

Respondent/offender

Procedural Posture

Criminal Appeal (attorney General's Reference) / Sentence Review Under Section 36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentences imposed on Harding and Hawkes for drug offences and possession of offensive weapons were unduly lenient and should be increased

Ratio Decidendi

Harding's sentence, though very lenient, was not unduly so given the prospects of rehabilitation and the modest scale of his offending. Hawkes' sentence was unduly lenient because his conduct was closer to commercial supply, involved organisation, and included possession of offensive weapons, which should have been reflected by consecutive sentences.

Court Disposition

Harding: No alteration to sentence. Hawkes: Sentence increased.

Orders

  • Harding: Application refused, sentence of 12 months' imprisonment suspended for two years with conditions stands.
  • Hawkes: Sentence for conspiracy to supply Class A drugs increased to three years' imprisonment; two concurrent sentences of twelve months for possession of offensive weapons to run consecutively, total four years' imprisonment.