R v Francesco Pura
The sentence of 45 months was manifestly excessive given the appellant's lesser role, the category of the offence, the amount of drugs, and the mitigation of no previous convictions. An appropriate sentence would be four years before reduction for guilty plea, resulting in three years after reduction.
- Parties
- Prosecutor: Rex; Appellant: Francesco Pura
- Jurisdiction
- England and Wales
- Judgment Date
- 11 September 2024
- Procedural Posture
- Criminal Appeal / Judgment on Sentence Appeal
- Outcome
- appeal allowed
- Legal Topics
- Sentencing, Drug Offences, Appeal Against Sentence
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Prosecutor
Francesco Pura
Appellant
Procedural Posture
Criminal Appeal / Judgment on Sentence Appeal
Legal Issues
- 1 Whether the sentence imposed was manifestly excessive for possession of class A drugs with intent to supply and possession of criminal property
Ratio Decidendi
The sentence of 45 months was manifestly excessive given the appellant's lesser role, the category of the offence, the amount of drugs, and the mitigation of no previous convictions. An appropriate sentence would be four years before reduction for guilty plea, resulting in three years after reduction.
Court Disposition
appeal allowed
Orders
- Sentences of 45 months on counts 1 and 2 quashed
- Substitute sentence of three years for each offence to run concurrently
Full Case Text
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