R v Daniel Lee Sivyour

R v Daniel Lee Sivyour

The sentence imposed was not disproportionate and reflected totality; the structuring of sentences was within the judge's discretion. No legitimate sense of grievance arises from the disparity with the co-accused, given differences in criminality and timing of pleas.

Parties
Prosecution: Rex; Appellant: Daniel Lee Sivyour
Jurisdiction
England and Wales
Judgment Date
17 January 2023
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Sentencing, Totality, Drug Offences, Disparity in Sentencing
Criminal Law Sentencing Totality Drug Offences Disparity in Sentencing

Case Brief

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Parties

Rex

Prosecution

Daniel Lee Sivyour

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the sentence imposed was wrong in principle and excessive for failing to reflect totality
  2. 2 Whether there was unjustified disparity between the appellant's sentence and that of a co-accused

Ratio Decidendi

The sentence imposed was not disproportionate and reflected totality; the structuring of sentences was within the judge's discretion. No legitimate sense of grievance arises from the disparity with the co-accused, given differences in criminality and timing of pleas.

Court Disposition

appeal dismissed

Orders

  • The sentence of 6 years 6 months' imprisonment stands.