Fletcher, R. v [2018] EWCA Crim 1374 (08 June 2018)

Fletcher, R. v [2018] EWCA Crim 1374 (08 June 2018)

The sentencing judge correctly applied the guidelines for class A drug offences, properly considered aggravating features including previous convictions and offending while on bail, and exercised appropriate discretion in applying the totality principle. The total sentence was not manifestly excessive or wrong in principle.

Citation
[2018] EWCA Crim 1374
Parties
Prosecution: Regina; Appellant: Christopher Fletcher
Jurisdiction
England and Wales
Judgment Date
08 June 2018
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Sentencing, Drug Offences, Appeal Against Sentence, Totality Principle
Criminal Law Sentencing Drug Offences Appeal Against Sentence Totality Principle

Case Brief

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Parties

Regina

Prosecution

Christopher Fletcher

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the total sentence imposed was manifestly excessive
  2. 2 Whether the sentencing judge erred in applying the totality principle
  3. 3 Whether the starting point for sentence was appropriate given the aggravating and mitigating factors

Ratio Decidendi

The sentencing judge correctly applied the guidelines for class A drug offences, properly considered aggravating features including previous convictions and offending while on bail, and exercised appropriate discretion in applying the totality principle. The total sentence was not manifestly excessive or wrong in principle.

Court Disposition

appeal dismissed

Orders

  • The appeal against sentence is dismissed.