Attorney General Refrence No 101 of 2009

Attorney General Refrence No 101 of 2009

The Recorder was not wrong in principle to impose a suspended sentence with a drug rehabilitation requirement, as there was material before him from reputable sources supporting the defendant's motivation to change, and the sentence did not undermine public confidence in the criminal justice system.

Parties
Applicant: Attorney General; Respondent: Offender
Jurisdiction
England and Wales
Judgment Date
10 February 2010
Procedural Posture
Criminal Reference / Reference by Attorney General Under S.36 Criminal Justice Act 1988
Outcome
Sentence upheld; reference dismissed.
Legal Topics
Sentencing, Drug Offences, Possession With Intent to Supply, Suspended Sentence, Drug Rehabilitation Requirement
Criminal Law Sentencing Drug Offences Possession With Intent to Supply Suspended Sentence Drug Rehabilitation Requirement

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Parties

Attorney General

Applicant

Offender

Respondent

Procedural Posture

Criminal Reference / Reference by Attorney General Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentence imposed was unduly lenient for offences of possession of drugs with intent to supply
  2. 2 Whether the Recorder erred in principle by imposing a suspended sentence with a drug rehabilitation requirement instead of immediate custody

Ratio Decidendi

The Recorder was not wrong in principle to impose a suspended sentence with a drug rehabilitation requirement, as there was material before him from reputable sources supporting the defendant's motivation to change, and the sentence did not undermine public confidence in the criminal justice system.

Court Disposition

Sentence upheld; reference dismissed.