Chan, R. v

The sentence should reflect the appellant's actual involvement, which was limited to permitting premises to be used, not direct involvement in production. The judge erred in sentencing as if the appellant was a manager in the operation. Taking into account personal mitigation and the circumstances of the guilty plea, a sentence of three and a half years is appropriate.

Parties: Prosecutor: Regina; Appellant: Chung Yan Chan
Jurisdiction: England and Wales
Judgment Date: 06 August 2010
Procedural Posture: Criminal Appeal / Appeal Against Sentence
Outcome: appeal allowed in part; sentence reduced
Legal Topics: Sentencing, Controlled Drugs, Permitting Premises for Drug Production

Criminal Law Sentencing Controlled Drugs Permitting Premises for Drug Production

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 9

Parties

Regina

Prosecutor

Chung Yan Chan

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

1 Whether the sentence imposed reflected the appellant's actual involvement in the offence of permitting premises to be used for producing cannabis as distinct from production itself
2 Whether the sentencing judge properly applied relevant sentencing guidance

Ratio Decidendi

Court Disposition

appeal allowed in part; sentence reduced

Orders

Sentence of five years quashed and substituted with three and a half years' imprisonment
Confiscation order in the sum of £10,000 upheld