R v Jodie Marie Smith & Anor
The judge properly applied the Sentencing Guideline, accurately assessed the applicants' roles and culpability, and correctly determined the discounts for mitigation and delay. No arguable challenge to the sentences was detected.
- Parties
- Applicant: Jodie Marie Smith; Applicant: Jonathan Kitson; Respondent: Rex
- Jurisdiction
- England and Wales
- Judgment Date
- 27 November 2024
- Procedural Posture
- Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence
- Outcome
- renewed applications for leave to appeal against sentence refused
- Legal Topics
- Sentencing, Drug Offences, Conspiracy, Mitigation, Sentencing Guidelines
Case Brief
Summary, issues, holding and outcome
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Parties
Jodie Marie Smith
Applicant
Jonathan Kitson
Applicant
Rex
Respondent
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence
Legal Issues
- 1 Whether the sentences imposed were disproportionate to the role played by the offenders
- 2 Whether the Sentencing Guideline was adequately considered
- 3 Whether personal mitigation was fully reflected
Ratio Decidendi
The judge properly applied the Sentencing Guideline, accurately assessed the applicants' roles and culpability, and correctly determined the discounts for mitigation and delay. No arguable challenge to the sentences was detected.
Court Disposition
renewed applications for leave to appeal against sentence refused
Orders
- Applications for leave to appeal against sentence are refused.
Full Case Text
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