Butler, R. v [2023] EWCA Crim 676 (07 June 2023)

Butler, R. v [2023] EWCA Crim 676 (07 June 2023)

The sentencing judge was entitled to sentence towards the top of the guideline range for category 3/significant role offending, given the facts and aggravating features. The sentence was not manifestly excessive. However, the judge erred in ordering no separate penalty for the lesser offence; the correct procedure is for that count to lie on the file.

Parties
Prosecution: Rex; Applicant: Ben Butler
Jurisdiction
England and Wales
Judgment Date
07 June 2023
Procedural Posture
Criminal Appeal / Renewed Application for Permission to Appeal Against Sentence
Outcome
permission to appeal against sentence granted in part; appeal otherwise dismissed
Legal Topics
Sentencing, Drug Offences, Money Laundering, Appeals
Criminal Law Sentencing Drug Offences Money Laundering Appeals

Case Brief

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Parties

Rex

Prosecution

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 proper procedure was followed regarding the alternative count of simple possession

Ratio Decidendi

The sentencing judge was entitled to sentence towards the top of the guideline range for category 3/significant role offending, given the facts and aggravating features. The sentence was not manifestly excessive. However, the judge erred in ordering no separate penalty for the lesser offence; the correct procedure is for that count to lie on the file.

Court Disposition

permission to appeal against sentence granted in part; appeal otherwise dismissed

Orders

  • quash the sentence of no separate penalty on count 2 (simple possession)
  • order that count 2 (simple possession) lie on the file