Davies & Ors, Re Reference by the Attorney General

Davies & Ors, Re Reference by the Attorney General

The sentences imposed were unduly lenient given the scale, organisation, and value of the drugs involved, and the absence of any specific mitigating factors justifying substantial departure from guideline sentences. The sentences were increased to reflect the seriousness of the offences and the need for deterrence.

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 / Attorney General's Reference Under S.36 Criminal Justice Act 1988
Outcome
Sentences increased on reference; original sentences quashed and higher sentences substituted.
Legal Topics
Sentencing, Drug Offences, Conspiracy, Attorney General's Reference
Criminal Law Sentencing Drug Offences Conspiracy Attorney General's Reference

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

Legal Issues

  1. 1 Whether the sentences imposed for conspiracy to supply drugs were unduly lenient

Ratio Decidendi

The sentences imposed were unduly lenient given the scale, organisation, and value of the drugs involved, and the absence of any specific mitigating factors justifying substantial departure from guideline sentences. The sentences were increased to reflect the seriousness of the offences and the need for deterrence.

Court Disposition

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

Orders

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