Attorney General's Reference Nos 61, 62 AND 63 of 2011

Attorney General's Reference Nos 61, 62 AND 63 of 2011

The sentencing judge erred by relying on draft Sentencing Council guidelines rather than binding guideline decisions. The offences were serious, involved repeat offending, and none of the offenders qualified for exceptional treatment. The sentences imposed were unduly lenient and must be quashed and replaced with custodial sentences in line with current authority.

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
Criminal Appeal (attorney General's Reference) / Appeal Against Sentence
Outcome
Appeal allowed; sentences quashed and substituted
Legal Topics
Sentencing, Drug Offences, Attorney General's Reference, Appeal Against Sentence
Criminal Law Sentencing Drug Offences Attorney General's Reference Appeal Against Sentence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

Attorney General

Applicant

Tina Robson

First Offender/respondent

Wayne Froud

Second Offender/respondent

Kevin Gaunt

Third Offender/respondent

Procedural Posture

Criminal Appeal (attorney General's Reference) / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed on the offenders for supply and related offences involving class A drugs were unduly lenient
  2. 2 Whether the sentencing judge erred by relying on draft Sentencing Council guidelines rather than current binding authority

Ratio Decidendi

The sentencing judge erred by relying on draft Sentencing Council guidelines rather than binding guideline decisions. The offences were serious, involved repeat offending, and none of the offenders qualified for exceptional treatment. The sentences imposed were unduly lenient and must be quashed and replaced with custodial sentences in line with current authority.

Court Disposition

Appeal allowed; sentences quashed and substituted

Orders

  • Kevin Gaunt: two and a half years' imprisonment concurrent on each count with 121 days to count for time served
  • Wayne Froud: 18 months' imprisonment concurrent on each count