Ferreira, R. v

Ferreira, R. v

The sentence of 2 years' imprisonment suspended for 2 years was unduly lenient given the seriousness of the offences, the respondent's significant role in street-level supply of Class A drugs, and the applicable sentencing guidelines. The minimum appropriate sentence was 4 years' immediate imprisonment. The Court had jurisdiction to consider the reference after the deferred sentence period expired.

Parties
Applicant: Attorney General; Respondent/offender: Lewis Ferreira
Jurisdiction
England and Wales
Judgment Date
18 March 2021
Procedural Posture
Criminal / Reference by Attorney General Under S.36 Criminal Justice Act 1988; Appeal Against Sentence
Outcome
Appeal allowed; sentence quashed and substituted
Legal Topics
Sentencing, Drug Offences, Attorney General's Reference, Unduly Lenient Sentence
Criminal Law Sentencing Drug Offences Attorney General's Reference Unduly Lenient Sentence

Case Brief

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Parties

Attorney General

Applicant

Lewis Ferreira

Respondent/offender

Procedural Posture

Criminal / Reference by Attorney General Under S.36 Criminal Justice Act 1988; Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was unduly lenient under s.36 Criminal Justice Act 1988
  2. 2 Whether the Court of Appeal had jurisdiction to consider the reference after a deferred sentence
  3. 3 Appropriate sentence for conspiracy to supply Class A drugs and related offences

Ratio Decidendi

The sentence of 2 years' imprisonment suspended for 2 years was unduly lenient given the seriousness of the offences, the respondent's significant role in street-level supply of Class A drugs, and the applicable sentencing guidelines. The minimum appropriate sentence was 4 years' immediate imprisonment. The Court had jurisdiction to consider the reference after the deferred sentence period expired.

Court Disposition

Appeal allowed; sentence quashed and substituted

Orders

  • Original sentence of 2 years' imprisonment suspended for 2 years quashed
  • Substituted sentence of 4 years' imprisonment on each of counts 1 to 4, concurrent