Kay & Anor, R. v

Kay & Anor, R. v

The judge was entitled to take a starting point of 6 years for professional cannabis production; discounting for guilty pleas to 4 years was correct; no error in principle or manifest excess in sentence; personal mitigation insufficient to warrant further reduction.

Source-derived case information.

Parties
Prosecution: Regina; Appellant: Jeremy William Kay; Appellant: Russell Quinton Summana
Jurisdiction
England and Wales
Judgment Date
05 July 2007
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sentencing, Drug Offences, Production of Cannabis, Extraction of Electricity
Criminal Law Sentencing Drug Offences Production of Cannabis Extraction of Electricity

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Jeremy William Kay

Appellant

Russell Quinton Summana

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed for production of cannabis and extraction of electricity were manifestly excessive
  2. 2 Whether sufficient credit was given for guilty pleas and personal mitigation
  3. 3 Whether there was unjustified disparity between co-accused

Ratio Decidendi

The judge was entitled to take a starting point of 6 years for professional cannabis production; discounting for guilty pleas to 4 years was correct; no error in principle or manifest excess in sentence; personal mitigation insufficient to warrant further reduction.

Court Disposition

appeal dismissed

Orders

  • Sentences of 4 years' imprisonment for both appellants on count 1 affirmed
  • Kay's concurrent sentence of 12 months for extraction of electricity affirmed