Attorney General Reference No 017 Of 2011

Attorney General Reference No 017 Of 2011

The original suspended sentence was unduly lenient given the seriousness of the offence, the quantity and purity of the drugs, and the offender's role as a trusted courier. An immediate custodial sentence of 20 months was substituted, with deductions for time served, unpaid work, and curfew, to reinforce the public interest in consistent sentencing for class A drug offences.

Parties
Applicant: Attorney General; Offender/respondent: Michael Mandale
Jurisdiction
England and Wales
Judgment Date
12 May 2011
Procedural Posture
Criminal Reference / Appeal Against Sentence (attorney General's Reference Under S.36 Criminal Justice Act 1988)
Outcome
Appeal allowed; original sentence quashed; immediate custodial sentence imposed.
Legal Topics
Sentencing, Possession With Intent to Supply, Class a Drugs, Unduly Lenient Sentence, Suspended Sentence, Custodial Sentence
Criminal Law Sentencing Possession With Intent to Supply Class a Drugs Unduly Lenient Sentence Suspended Sentence Custodial Sentence

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Parties

Attorney General

Applicant

Michael Mandale

Offender/respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the sentence imposed for possession with intent to supply a class A drug was unduly lenient
  2. 2 What is the appropriate sentencing range for a courier of class A drugs in these circumstances

Ratio Decidendi

The original suspended sentence was unduly lenient given the seriousness of the offence, the quantity and purity of the drugs, and the offender's role as a trusted courier. An immediate custodial sentence of 20 months was substituted, with deductions for time served, unpaid work, and curfew, to reinforce the public interest in consistent sentencing for class A drug offences.

Court Disposition

Appeal allowed; original sentence quashed; immediate custodial sentence imposed.

Orders

  • Quash the suspended sentence and associated orders.
  • Substitute a sentence of 20 months' imprisonment.