Bailey & Ors, R. v (Rev 1)

Bailey & Ors, R. v (Rev 1)

The sentencing judge's general reference to totality was sufficient; the sentences imposed were within the guidelines and reflected the roles, aggravating and mitigating factors, and credit for plea. However, in Succo's case, the indication of a guilty plea at the Magistrates Court was unequivocal and warranted full one-third credit, and in Bailey's case, the absence of aggravating factors and presence of mitigation required a reduction from the guideline starting point.

Parties
Appellant: Bailey; Appellant: Succo; Appellant: McLeish; Appellant: Hall; Appellant: Radford; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
18 December 2020
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeals of McLeish, Radford, and Hall dismissed; appeals of Succo and Bailey allowed to the extent of sentence reduction.
Legal Topics
Sentencing, Conspiracy to Supply Controlled Drugs, Totality Principle, Credit for Guilty Plea
Criminal Law Sentencing Conspiracy to Supply Controlled Drugs Totality Principle Credit for Guilty Plea

Case Brief

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Parties

Bailey

Appellant

Succo

Appellant

McLeish

Appellant

Hall

Appellant

Radford

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge properly applied the principle of totality in sentencing each appellant
  2. 2 Whether the sentencing judge gave appropriate credit for guilty pleas

Ratio Decidendi

The sentencing judge's general reference to totality was sufficient; the sentences imposed were within the guidelines and reflected the roles, aggravating and mitigating factors, and credit for plea. However, in Succo's case, the indication of a guilty plea at the Magistrates Court was unequivocal and warranted full one-third credit, and in Bailey's case, the absence of aggravating factors and presence of mitigation required a reduction from the guideline starting point.

Court Disposition

Appeals of McLeish, Radford, and Hall dismissed; appeals of Succo and Bailey allowed to the extent of sentence reduction.

Orders

  • Sentence of Succo reduced from 10 years 6 months to 9 years 4 months imprisonment.
  • Sentence of Bailey reduced from 10 years to 8 years 6 months imprisonment.