Attorney General's Reference No. 110 OF 2004

Attorney General's Reference No. 110 OF 2004

The sentence was unduly lenient because possession of class A drugs with intent to supply requires a custodial sentence and the sentencing judge erred by linking it to a previous non-custodial sentence for theft. The appropriate sentence is 18 months' imprisonment.

Parties
Applicant: Attorney General; Offender: Christopher Keylock
Jurisdiction
England and Wales
Judgment Date
16 December 2004
Procedural Posture
Criminal Reference / Sentence Review Under S.36 Criminal Justice Act 1988
Outcome
sentence increased
Legal Topics
Sentence Review, Possession With Intent to Supply, Unduly Lenient Sentence
Criminal Law Sentence Review Possession With Intent to Supply Unduly Lenient Sentence

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Parties

Attorney General

Applicant

Christopher Keylock

Offender

Procedural Posture

Criminal Reference / Sentence Review Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentence imposed for possession of class A drugs with intent to supply was unduly lenient
  2. 2 Whether the sentencing judge erred by linking the sentence to a previous non-custodial sentence for theft

Ratio Decidendi

The sentence was unduly lenient because possession of class A drugs with intent to supply requires a custodial sentence and the sentencing judge erred by linking it to a previous non-custodial sentence for theft. The appropriate sentence is 18 months' imprisonment.

Court Disposition

sentence increased

Orders

  • Original sentence quashed
  • Offender to serve 18 months' imprisonment