Lea, R v [2017] EWCA Crim 1789 (02 November 2017)

Lea, R v [2017] EWCA Crim 1789 (02 November 2017)

Although the offence involved a significant quantity of cannabis and was planned, the judge's starting point of 3 years was too high. The correct starting point should have been about 2 years, with further reduction for strong personal mitigation and early guilty plea, resulting in a sentence of 12 months'...

Source-derived case information.

Citation
[2017] EWCA Crim 1789
Parties
Prosecution: Regina; Applicant: Jessica Lea
Jurisdiction
England and Wales
Judgment Date
02 November 2017
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Drug Offences, Conveyance of Prohibited Articles Into Prison
Criminal Law Sentencing Drug Offences Conveyance of Prohibited Articles Into Prison

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Parties

Regina

Prosecution

Jessica Lea

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Sentence

Legal Issues

  1. 1 Whether the sentence of 20 months' imprisonment for conveying a list A article (cannabis) into prison was manifestly excessive
  2. 2 Appropriate application of sentencing guidelines for drug offences to offences under the Prison Act 1952

Ratio Decidendi

Although the offence involved a significant quantity of cannabis and was planned, the judge's starting point of 3 years was too high. The correct starting point should have been about 2 years, with further reduction for strong personal mitigation and early guilty plea, resulting in a sentence of 12 months' imprisonment.

Court Disposition

appeal allowed in part

Orders

  • Leave to appeal sentence granted
  • Sentence reduced to 12 months' imprisonment