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
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rex
Prosecution
David Ubido
Appellant
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Legal Issues
- 1 Whether the sentence of 18 months' imprisonment for importation of a class B drug was manifestly excessive
- 2 Whether the Recorder erred in failing to obtain a pre-sentence report and in not suspending the custodial sentence
- 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
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