Davidson, R v

Davidson, R v

The starting point for sentencing was too high given the appellant's limited role, lack of previous drug convictions, and the mitigating factors presented. The correct range was 12 to 14 years before discounts, and a sentence of seven years' imprisonment is appropriate after considering the plea and other factors.

Parties
Prosecution: Regina; Appellant: Bevan Anthony Davidson
Jurisdiction
England and Wales
Judgment Date
24 July 2009
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed; sentence reduced
Legal Topics
Sentencing, Conspiracy to Supply Drugs, Class a Drugs, Mitigation, Basis of Plea
Criminal Law Sentencing Conspiracy to Supply Drugs Class a Drugs Mitigation Basis of Plea

Case Brief

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Parties

Regina

Prosecution

Bevan Anthony Davidson

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the starting point for sentencing was too high for conspiracy to supply a class A drug
  2. 2 Whether the appellant's personal circumstances and basis of plea warranted a lower sentence

Ratio Decidendi

The starting point for sentencing was too high given the appellant's limited role, lack of previous drug convictions, and the mitigating factors presented. The correct range was 12 to 14 years before discounts, and a sentence of seven years' imprisonment is appropriate after considering the plea and other factors.

Court Disposition

appeal allowed; sentence reduced

Orders

  • sentence of 11 years' imprisonment quashed
  • sentence of 7 years' imprisonment substituted