Ubido, R. v [2025] EWCA Crim 1816 (09 December 2025)

Ubido, R. v [2025] EWCA Crim 1816 (09 December 2025)

The failure to obtain a pre-sentence report was an error, but on a fresh consideration with the benefit of such reports, the appellant's mental health conditions did not reduce culpability or justify suspension. The seriousness of the offence and the quantity of drugs imported warranted an immediate custodial...

Source-derived case information.

Citation
[2025] EWCA Crim 1816
Parties
Prosecution: Rex; Appellant: David Ubido
Jurisdiction
England and Wales
Judgment Date
09 December 2025
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sentencing, Importation of Controlled Drugs, Mental Health and Sentencing, Suspension of Custodial Sentences
Criminal Law Sentencing Importation of Controlled Drugs Mental Health and Sentencing Suspension of Custodial Sentences

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Parties

Rex

Prosecution

David Ubido

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

  1. 1 Whether the sentence of 18 months' imprisonment for importation of a class B drug was manifestly excessive
  2. 2 Whether the Recorder erred in failing to obtain a pre-sentence report and in not suspending the custodial sentence
  3. 3 Whether the appellant's mental health conditions should have reduced culpability or affected the decision to suspend the sentence

Ratio Decidendi

The failure to obtain a pre-sentence report was an error, but on a fresh consideration with the benefit of such reports, the appellant's mental health conditions did not reduce culpability or justify suspension. The seriousness of the offence and the quantity of drugs imported warranted an immediate custodial sentence of 18 months, which was just and proportionate.

Court Disposition

appeal dismissed