Davidson, R v [2009] EWCA Crim 1704 (24 July 2009)

Davidson, R v [2009] EWCA Crim 1704 (24 July 2009)

The starting point for sentencing was too high given the appellant's subordinate role, limited knowledge, and the change in sentencing regime. The proper sentence, after discounts for plea and mitigating factors, is seven years' imprisonment.

Citation
[2009] EWCA Crim 1704
Parties
Prosecution: Regina; Appellant: Bevan Anthony Davidson
Jurisdiction
England and Wales
Judgment Date
24 July 2009
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Sentencing, Drug Offences, Conspiracy to Supply, Appeal Procedure
Criminal Law Sentencing Drug Offences Conspiracy to Supply Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Bevan Anthony Davidson

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Was the starting point for sentencing excessive given the facts and applicable guidelines?
  2. 2 Should the sentence be reduced in light of mitigating factors and the Criminal Justice Act 2003 regime?

Ratio Decidendi

The starting point for sentencing was too high given the appellant's subordinate role, limited knowledge, and the change in sentencing regime. The proper sentence, after discounts for plea and mitigating factors, is seven years' imprisonment.

Court Disposition

appeal allowed

Orders

  • original sentence quashed
  • seven years' imprisonment substituted