Winton, R v [2020] EWCA Crim 1321 (07 October 2020)

Winton, R v [2020] EWCA Crim 1321 (07 October 2020)

Section 144(2) of the Criminal Justice Act 2003 permits reduction of the minimum sentence under section 110 of the Powers of Criminal Courts (Sentencing) Act 2000 by up to 20% for a guilty plea; the sentencing judge erred in not affording this credit.

Citation
[2020] EWCA Crim 1321
Parties
Prosecution: Regina; Appellant: David Winton
Jurisdiction
England and Wales
Judgment Date
07 October 2020
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Sentencing, Drug Offences, Credit for Guilty Plea, Minimum Sentence Provisions
Criminal Law Sentencing Drug Offences Credit for Guilty Plea Minimum Sentence Provisions

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Parties

Regina

Prosecution

David Winton

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether credit for guilty plea can be afforded when minimum sentence provision for third Class A drug trafficking offence applies

Ratio Decidendi

Section 144(2) of the Criminal Justice Act 2003 permits reduction of the minimum sentence under section 110 of the Powers of Criminal Courts (Sentencing) Act 2000 by up to 20% for a guilty plea; the sentencing judge erred in not affording this credit.

Court Disposition

appeal allowed

Orders

  • sentence of 7 years' imprisonment quashed
  • sentence of 5 years and 8 months' imprisonment substituted on count 1 and count 2 concurrently