Attorney General's Reference No. 12 OF 2006

Attorney General's Reference No. 12 OF 2006

An immediate custodial sentence was required at first instance for possession of nearly 5 kilograms of cannabis with intent to supply, but due to double jeopardy and significant completion of community service, it was not appropriate to interfere with the original sentence at the appellate stage.

Parties
Applicant: Attorney General; Offender/respondent: Rupert Hardy Sinclair
Jurisdiction
England and Wales
Judgment Date
29 March 2006
Procedural Posture
Criminal Reference / Reference by Attorney General Under S.36 Criminal Justice Act 1988; Appellate Review of Sentence
Outcome
Reference dismissed; original sentence upheld
Legal Topics
Sentencing, Possession With Intent to Supply, Class C Drugs, Unduly Lenient Sentence, Double Jeopardy, Possession of Bladed Article
Criminal Law Sentencing Possession With Intent to Supply Class C Drugs Unduly Lenient Sentence Double Jeopardy Possession of Bladed Article

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Parties

Attorney General

Applicant

Rupert Hardy Sinclair

Offender/respondent

Procedural Posture

Criminal Reference / Reference by Attorney General Under S.36 Criminal Justice Act 1988; Appellate Review of Sentence

Legal Issues

  1. 1 Whether the sentence imposed for possession of cannabis with intent to supply and possession of a bladed article was unduly lenient
  2. 2 Whether a custodial sentence was required in the circumstances

Ratio Decidendi

An immediate custodial sentence was required at first instance for possession of nearly 5 kilograms of cannabis with intent to supply, but due to double jeopardy and significant completion of community service, it was not appropriate to interfere with the original sentence at the appellate stage.

Court Disposition

Reference dismissed; original sentence upheld

Orders

  • No variation of sentence; community punishment order to stand