Johnson, R v

Johnson, R v

The sentence of 18 months was too high given the quantity of ketamine, its classification as a Class C drug, and the guidance from comparable cases. A sentence of 12 months is appropriate.

Parties
Appellant: Gary Stephen Johnson; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
25 November 2009
Procedural Posture
Criminal Appeal / Sentence Appeal
Outcome
appeal allowed
Legal Topics
Sentencing, Drug Offences, Possession With Intent to Supply, Classification of Controlled Substances
Criminal Law Sentencing Drug Offences Possession With Intent to Supply Classification of Controlled Substances

Case Brief

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Parties

Gary Stephen Johnson

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Sentence Appeal

Legal Issues

  1. 1 What is the appropriate sentence for possession of ketamine with intent to supply after its reclassification as a Class C drug?
  2. 2 Should the sentence imposed be consistent with sentences for similar quantities of ketamine in previous cases?

Ratio Decidendi

The sentence of 18 months was too high given the quantity of ketamine, its classification as a Class C drug, and the guidance from comparable cases. A sentence of 12 months is appropriate.

Court Disposition

appeal allowed

Orders

  • Sentence of 18 months' imprisonment quashed and substituted with 12 months' imprisonment.