Ferreira, R. v [2021] EWCA Crim 537 (18 March 2021)

Ferreira, R. v [2021] EWCA Crim 537 (18 March 2021)

The sentence of 2 years' imprisonment suspended for 2 years was so far below the minimum required for the seriousness of the offences and the respondent's role that it was unduly lenient. The appropriate sentence, even after credit for plea and personal mitigation, was 4 years' immediate imprisonment. The Court of...

Source-derived case information.

Citation
[2021] EWCA Crim 537
Parties
Applicant: Attorney General; Respondent/offender: Lewis Ferreira
Jurisdiction
England and Wales
Judgment Date
18 March 2021
Procedural Posture
Criminal Reference (unduly Lenient Sentence) / Court of Appeal Judgment on Attorney General's Reference Under S.36 Criminal Justice Act 1988
Outcome
Appeal allowed; sentence quashed and substituted.
Legal Topics
Sentencing, Unduly Lenient Sentences, Drug Offences, Suspended Sentences, Attorney General's Reference
Criminal Law Sentencing Unduly Lenient Sentences Drug Offences Suspended Sentences Attorney General's Reference

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Summary, issues, holding and outcome

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Parties

Attorney General

Applicant

Lewis Ferreira

Respondent/offender

Procedural Posture

Criminal Reference (unduly Lenient Sentence) / Court of Appeal Judgment on Attorney General's Reference Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentence imposed was unduly lenient under s.36 Criminal Justice Act 1988
  2. 2 Whether the Court of Appeal had jurisdiction to review the sentence after a period of deferment
  3. 3 Appropriate application of sentencing guidelines for Class A drug supply offences

Ratio Decidendi

The sentence of 2 years' imprisonment suspended for 2 years was so far below the minimum required for the seriousness of the offences and the respondent's role that it was unduly lenient. The appropriate sentence, even after credit for plea and personal mitigation, was 4 years' immediate imprisonment. The Court of Appeal had jurisdiction to review and substitute the sentence under s.36 Criminal Justice Act 1988.

Court Disposition

Appeal allowed; sentence quashed and substituted.

Orders

  • The sentence of 2 years' imprisonment suspended for 2 years is quashed.
  • A sentence of 4 years' imprisonment on each of counts 1 to 4, concurrent, is substituted.