D, R. v

D, R. v

The appropriate sentence discount for assistance under a SOCPA agreement depends on the value and nature of the assistance, the comprehensiveness of the agreement, and any delay in cooperation; the applicant's limited assistance and delay justified a 25% discount, and no error was shown in the judge's assessment.

Parties
Respondent: R; Applicant: D
Jurisdiction
England and Wales
Judgment Date
29 June 2010
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Sentence Review
Outcome
application dismissed
Legal Topics
Sentence Review, Discount for Assistance, SOCPA Agreements, Guilty Plea Discount
Criminal Law Sentence Review Discount for Assistance SOCPA Agreements Guilty Plea Discount

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Parties

R

Respondent

D

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Sentence Review

Legal Issues

  1. 1 What is the appropriate level of sentence discount for assistance provided under a SOCPA agreement?
  2. 2 Does the nature of the assistance (intelligence vs. evidence) affect the discount?
  3. 3 Should delay in cooperation affect the discount?

Ratio Decidendi

The appropriate sentence discount for assistance under a SOCPA agreement depends on the value and nature of the assistance, the comprehensiveness of the agreement, and any delay in cooperation; the applicant's limited assistance and delay justified a 25% discount, and no error was shown in the judge's assessment.

Court Disposition

application dismissed