Broomes, R. v [2024] EWCA Crim 1747 (16 January 2024)

Broomes, R. v [2024] EWCA Crim 1747 (16 January 2024)

The correct classification for the appellant's offence is Category 4, not Category 3, as the supply was social and involved pooled resources rather than selling directly to users. The starting point should be 18 months, reduced by 20% for the guilty plea, resulting in a sentence of 14 months' imprisonment.

Citation
[2024] EWCA Crim 1747
Parties
Prosecution: Rex; Appellant: Christopher Broomes
Jurisdiction
England and Wales
Judgment Date
16 January 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Sentencing, Drug Offences, Appeal Procedure
Criminal Law Sentencing Drug Offences Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Rex

Prosecution

Christopher Broomes

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for possession of a class A drug with intent to supply was manifestly excessive
  2. 2 Whether the case should be classified under Category 3 or Category 4 of the Sentencing Council Guideline for drug offences
  3. 3 Appropriate credit for guilty plea and consideration of personal mitigation

Ratio Decidendi

The correct classification for the appellant's offence is Category 4, not Category 3, as the supply was social and involved pooled resources rather than selling directly to users. The starting point should be 18 months, reduced by 20% for the guilty plea, resulting in a sentence of 14 months' imprisonment.

Court Disposition

appeal allowed

Orders

  • Sentence of 25 months' imprisonment quashed
  • Substituted sentence of 14 months' imprisonment on count 1