Attorney General's Reference No. 116 OF 2005

Attorney General's Reference No. 116 OF 2005

The original suspended sentence of two years' imprisonment was unduly lenient given the quantity of drugs, the circumstances, and the motive of greed; the appropriate sentence after trial should have been five years, but applying the double jeopardy principle, the sentence is set at three years and nine months' imprisonment.

Parties
Applicant: Attorney General; Respondent: Offender (unnamed)
Jurisdiction
England and Wales
Judgment Date
15 March 2006
Procedural Posture
Criminal Reference / Reference by Attorney General Under S.36 Criminal Justice Act 1988
Outcome
Sentence increased on Attorney General's reference
Legal Topics
Sentencing, Supply of Controlled Drugs, Possession With Intent to Supply, Suspended Sentences, Double Jeopardy Principle
Criminal Law Sentencing Supply of Controlled Drugs Possession With Intent to Supply Suspended Sentences Double Jeopardy Principle

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Parties

Attorney General

Applicant

Offender (unnamed)

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the suspended sentence imposed was unduly lenient
  2. 2 What is the appropriate sentence for supply and possession with intent to supply a controlled drug of class A (ecstasy)

Ratio Decidendi

The original suspended sentence of two years' imprisonment was unduly lenient given the quantity of drugs, the circumstances, and the motive of greed; the appropriate sentence after trial should have been five years, but applying the double jeopardy principle, the sentence is set at three years and nine months' imprisonment.

Court Disposition

Sentence increased on Attorney General's reference

Orders

  • Offender to serve three years and nine months' imprisonment
  • Offender to surrender to a police station within seven days; sentence to take effect from time of surrender