R v Ben Butler

R v Ben Butler

The sentence for possession with intent to supply cannabis and money laundering was not manifestly excessive as it was within the guideline range and justified by the facts. However, the judge erred in ordering no separate penalty for the simple possession count; the correct order was for the count to lie on the file.

Parties
Prosecutor: Rex; Applicant: Ben Butler
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Criminal Appeal / Renewed Application for Permission to Appeal Against Sentence
Outcome
Permission to appeal against sentence granted in part; appeal dismissed except as to the order on simple possession count.
Legal Topics
Sentencing, Possession With Intent to Supply, Money Laundering, Appeal Against Sentence
Criminal Law Sentencing Possession With Intent to Supply Money Laundering Appeal Against Sentence

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Parties

Rex

Prosecutor

Ben Butler

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Permission to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for possession with intent to supply cannabis and money laundering was manifestly excessive
  2. 2 Whether the judge erred in imposing no separate penalty on the count for simple possession after a guilty plea

Ratio Decidendi

The sentence for possession with intent to supply cannabis and money laundering was not manifestly excessive as it was within the guideline range and justified by the facts. However, the judge erred in ordering no separate penalty for the simple possession count; the correct order was for the count to lie on the file.

Court Disposition

Permission to appeal against sentence granted in part; appeal dismissed except as to the order on simple possession count.

Orders

  • Quash the sentence of no separate penalty on the simple possession count.
  • Order that the simple possession count shall lie on the file.