Attorney General's Reference Nos 61, 62 AND 63 of 2011 [2011] EWCA Crim 2619 (27 October 2011)

Attorney General's Reference Nos 61, 62 AND 63 of 2011 [2011] EWCA Crim 2619 (27 October 2011)

The sentencing judge erred in treating draft Sentencing Council guidelines as determinative and in imposing non-custodial or short custodial sentences for repeat offenders involved in the supply of class A drugs. Existing Court of Appeal guideline authorities require substantial custodial sentences in such cases,...

Source-derived case information.

Citation
[2011] EWCA Crim 2619
Parties
Applicant: Attorney General; First Offender/respondent: Tina Robson; Second Offender/respondent: Wayne Froud; Third Offender/respondent: Kevin Gaunt
Jurisdiction
England and Wales
Judgment Date
27 October 2011
Procedural Posture
Attorney General's Reference (criminal) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988
Outcome
Appeal allowed; sentences quashed and substituted with longer custodial sentences.
Legal Topics
Sentencing, Drug Offences, Attorney General's Reference, Appeal Against Sentence
Criminal Law Sentencing Drug Offences Attorney General's Reference Appeal Against Sentence

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Parties

Attorney General

Applicant

Tina Robson

First Offender/respondent

Wayne Froud

Second Offender/respondent

Kevin Gaunt

Third Offender/respondent

Procedural Posture

Attorney General's Reference (criminal) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentences imposed for supply and involvement in supply of class A drugs were unduly lenient
  2. 2 Whether the sentencing judge erred in relying on draft Sentencing Council guidelines rather than existing Court of Appeal guideline authorities

Ratio Decidendi

The sentencing judge erred in treating draft Sentencing Council guidelines as determinative and in imposing non-custodial or short custodial sentences for repeat offenders involved in the supply of class A drugs. Existing Court of Appeal guideline authorities require substantial custodial sentences in such cases, absent exceptional circumstances, which were not present here.

Court Disposition

Appeal allowed; sentences quashed and substituted with longer custodial sentences.

Orders

  • Kevin Gaunt: two and a half years' imprisonment concurrent on each count with 121 days to count under s.240 Criminal Justice Act 2003
  • Wayne Froud: 18 months' imprisonment concurrent on each count