Attorney General's Reference No 152 of 2004

Attorney General's Reference No 152 of 2004

The deferred sentence was unduly lenient; warehousing Class A drugs warrants immediate imprisonment, but mitigation and double jeopardy considerations justify reducing the sentence to two years' imprisonment.

Parties
Applicant: Attorney General; Respondent: Peter Packer
Jurisdiction
England and Wales
Judgment Date
22 February 2005
Procedural Posture
Criminal Reference / Appeal
Outcome
Sentence substituted
Legal Topics
Sentencing, Drug Offences, Leniency of Sentence
Criminal Law Sentencing Drug Offences Leniency of Sentence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Attorney General

Applicant

Peter Packer

Respondent

Procedural Posture

Criminal Reference / Appeal

Legal Issues

  1. 1 Whether the deferred sentence for possession with intent to supply Class A drugs was unduly lenient
  2. 2 Appropriate sentencing for warehousing cocaine as an addicted offender

Ratio Decidendi

The deferred sentence was unduly lenient; warehousing Class A drugs warrants immediate imprisonment, but mitigation and double jeopardy considerations justify reducing the sentence to two years' imprisonment.

Court Disposition

Sentence substituted

Orders

  • Leave granted to Attorney General to refer sentence as unduly lenient
  • Deferred sentence set aside