James, R. v

James, R. v

The appellant's age at the time of the qualifying offences and lack of previous custodial sentence constitute particular circumstances making it unjust to impose the statutory minimum sentence. The appropriate sentence after trial would have been six years, reduced to four years for early guilty plea.

Parties
Prosecutor: Regina; Appellant: Darius Anton James
Jurisdiction
England and Wales
Judgment Date
07 July 2011
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Drug Offences, Statutory Minimum Sentences, Guilty Plea Credit
Criminal Law Sentencing Drug Offences Statutory Minimum Sentences Guilty Plea Credit

Case Brief

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Parties

Regina

Prosecutor

Darius Anton James

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the statutory minimum sentence under section 110 of the Powers of Criminal Courts (Sentencing) Act 2000 should be imposed
  2. 2 Whether there were particular circumstances making it unjust to impose the statutory minimum sentence
  3. 3 Appropriate credit for early guilty plea

Ratio Decidendi

The appellant's age at the time of the qualifying offences and lack of previous custodial sentence constitute particular circumstances making it unjust to impose the statutory minimum sentence. The appropriate sentence after trial would have been six years, reduced to four years for early guilty plea.

Court Disposition

appeal allowed in part

Orders

  • Sentences of five years 220 days' imprisonment on each count quashed
  • Substituted sentences of four years' imprisonment on each count concurrent