Ryan, R. v [2022] EWCA Crim 1628 (01 December 2022)

Ryan, R. v [2022] EWCA Crim 1628 (01 December 2022)

The sentence for possession of a Class A drug with intent to supply was manifestly excessive because the appellant's role was closer to 'lesser' than 'significant' under the guidelines, and the quantity of drugs was relatively low; the sentence was reduced accordingly and the driving disqualification period adjusted.

Citation
[2022] EWCA Crim 1628
Parties
Prosecution: Rex; Appellant: David William Ryan
Jurisdiction
England and Wales
Judgment Date
01 December 2022
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Dangerous Driving, Assault on Emergency Worker, Possession With Intent to Supply, Driving Disqualification
Criminal Law Sentencing Dangerous Driving Assault on Emergency Worker Possession With Intent to Supply Driving Disqualification

Case Brief

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Parties

Rex

Prosecution

David William Ryan

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Sentence

Legal Issues

  1. 1 Whether the sentence for possession of a Class A drug with intent to supply was manifestly excessive
  2. 2 Proper categorisation of the appellant's role under sentencing guidelines
  3. 3 Appropriate period of driving disqualification

Ratio Decidendi

The sentence for possession of a Class A drug with intent to supply was manifestly excessive because the appellant's role was closer to 'lesser' than 'significant' under the guidelines, and the quantity of drugs was relatively low; the sentence was reduced accordingly and the driving disqualification period adjusted.

Court Disposition

appeal allowed in part

Orders

  • Sentence for possession of a Class A drug with intent to supply reduced by six months
  • Total period of driving disqualification reduced to 36 months