Cooper & Anor, R. v

Cooper & Anor, R. v

The sentences of three years' imprisonment were excessive for small-time dealers primarily supplying to feed their own addiction; the appropriate penalty is 18 months' imprisonment concurrent for each count.

Parties
Appellant: David John Cooper; Appellant: John Stanley Louvel; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
06 March 2007
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part; sentences reduced
Legal Topics
Sentencing, Drug Offences, Possession With Intent to Supply
Criminal Law Sentencing Drug Offences Possession With Intent to Supply

Case Brief

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Parties

David John Cooper

Appellant

John Stanley Louvel

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed for possession with intent to supply Class B and C drugs were excessive given the circumstances
  2. 2 Appropriate sentencing range for small-scale drug dealers with prior convictions

Ratio Decidendi

The sentences of three years' imprisonment were excessive for small-time dealers primarily supplying to feed their own addiction; the appropriate penalty is 18 months' imprisonment concurrent for each count.

Court Disposition

appeal allowed in part; sentences reduced

Orders

  • Sentences for offences reduced from three years to 18 months' imprisonment concurrent for each count.
  • No order made in respect of the six months Cooper was ordered to serve of the previous sentence.