Sivyour, R. v [2023] EWCA Crim 47 (17 January 2023)

Sivyour, R. v [2023] EWCA Crim 47 (17 January 2023)

The sentence of 6 years 6 months was not disproportionate given the categorisation of offences, late pleas, and the appellant's role; no unjustified disparity existed with the co-defendant's sentence due to differences in age, plea timing, and criminality.

Source-derived case information.

Citation
[2023] EWCA Crim 47
Parties
Prosecution: Rex; Appellant: Daniel Lee Sivyour
Jurisdiction
England and Wales
Judgment Date
17 January 2023
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sentencing, Totality Principle, Drug Offences, Disparity in Sentencing
Criminal Law Sentencing Totality Principle Drug Offences Disparity in Sentencing

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Parties

Rex

Prosecution

Daniel Lee Sivyour

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed failed to reflect the totality principle
  2. 2 Whether there was unjustified disparity between the appellant's sentence and that of a co-defendant

Ratio Decidendi

The sentence of 6 years 6 months was not disproportionate given the categorisation of offences, late pleas, and the appellant's role; no unjustified disparity existed with the co-defendant's sentence due to differences in age, plea timing, and criminality.

Court Disposition

appeal dismissed