Taylor, R v [2004] EWCA Crim 3337 (16 December 2004)

Taylor, R v [2004] EWCA Crim 3337 (16 December 2004)

The trial judge treated Taylor and Hattersley as men of good character, unlike Doman. After Doman's sentence was reduced for being too high, justice required a corresponding reduction for Taylor and Hattersley to maintain the distinction in mitigation.

Citation
[2004] EWCA Crim 3337
Parties
Prosecution: Regina; Appellant: David Taylor; Appellant: Marcus Paul Hattersley
Jurisdiction
England and Wales
Judgment Date
16 December 2004
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Sentencing, Conspiracy, Controlled Drugs, Disparity in Sentencing
Criminal Law Sentencing Conspiracy Controlled Drugs Disparity in Sentencing

Case Brief

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Parties

Regina

Prosecution

David Taylor

Appellant

Marcus Paul Hattersley

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed on Taylor and Hattersley should be reduced to preserve the distinction in mitigation between them and Doman after Doman's sentence was reduced
  2. 2 Whether disparity in sentencing among co-defendants is justified

Ratio Decidendi

The trial judge treated Taylor and Hattersley as men of good character, unlike Doman. After Doman's sentence was reduced for being too high, justice required a corresponding reduction for Taylor and Hattersley to maintain the distinction in mitigation.

Court Disposition

appeal allowed

Orders

  • sentence of 7 years' imprisonment quashed for both Taylor and Hattersley
  • sentence of 6 years' imprisonment substituted for both Taylor and Hattersley