Attorney General's Reference No. 42 OF 2005

Attorney General's Reference No. 42 OF 2005

Given the seriousness of the offences and the commercial nature of the drug supply, a DTTO was not appropriate and a custodial sentence was required. The original sentence was unduly lenient.

Parties
Applicant: Attorney General; Offender: David Cameron
Jurisdiction
England and Wales
Judgment Date
16 June 2005
Procedural Posture
Criminal / Attorney General's Reference Under S.36 Criminal Justice Act 1988; Appeal Against Sentence
Outcome
Attorney-General's application allowed; sentence increased
Legal Topics
Sentencing, Drug Offences, Attorney General's Reference, Unduly Lenient Sentence
Criminal Law Sentencing Drug Offences Attorney General's Reference Unduly Lenient Sentence

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Parties

Attorney General

Applicant

David Cameron

Offender

Procedural Posture

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

Legal Issues

  1. 1 Whether the sentence imposed was unduly lenient for offences of possession with intent to supply Class A drugs
  2. 2 Whether a Drug Treatment and Testing Order (DTTO) was appropriate given the seriousness of the offences

Ratio Decidendi

Given the seriousness of the offences and the commercial nature of the drug supply, a DTTO was not appropriate and a custodial sentence was required. The original sentence was unduly lenient.

Court Disposition

Attorney-General's application allowed; sentence increased

Orders

  • Original sentence quashed
  • Offender sentenced to four-and-a-half years' imprisonment concurrently on all counts of possession with intent to supply