Marland, R. v

Marland, R. v

The judge's reasons were insufficient to justify departing from the statutory minimum sentence. The offender's mental health issues, efforts to become drug free, and the age of prior convictions did not amount to 'particular circumstances' making the minimum sentence unjust. The sentence was unduly lenient and must be increased to reflect the statutory minimum, less credit for guilty plea.

Parties
Applicant: Attorney General; Respondent/offender: Edward James Marland
Jurisdiction
England and Wales
Judgment Date
19 June 2018
Procedural Posture
Criminal Reference (unduly Lenient Sentence) / Court of Appeal Judgment
Outcome
Sentence increased
Legal Topics
Sentencing, Drug Offences, Minimum Sentences, Unduly Lenient Sentences
Criminal Law Sentencing Drug Offences Minimum Sentences Unduly Lenient Sentences

Case Brief

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Parties

Attorney General

Applicant

Edward James Marland

Respondent/offender

Procedural Posture

Criminal Reference (unduly Lenient Sentence) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the sentence imposed was unduly lenient under section 36 of the Criminal Justice Act 1988
  2. 2 Whether there were 'particular circumstances' justifying a sentence below the statutory minimum under section 110 of the Powers of Criminal Courts (Sentencing) Act 2000

Ratio Decidendi

The judge's reasons were insufficient to justify departing from the statutory minimum sentence. The offender's mental health issues, efforts to become drug free, and the age of prior convictions did not amount to 'particular circumstances' making the minimum sentence unjust. The sentence was unduly lenient and must be increased to reflect the statutory minimum, less credit for guilty plea.

Court Disposition

Sentence increased

Orders

  • Leave granted to refer sentence as unduly lenient
  • Sentences on counts 1 to 3 amended from 45 months concurrent to 67 months concurrent on each count