Auton & Ors v R.

Auton & Ors v R.

Custodial sentences are mandatory for intensive cannabis cultivation operations, with sentence length determined by whether the operation is for personal use, involves supply to others, or is commercial. The sliding scale of supply short of commercial profit must be recognised, and aggravating factors such as unlawful abstraction of electricity must be considered. Basis of plea, if accepted, must be reflected in sentencing.

Parties
Appellant: John Auton; Appellant: Lawrence Hindle; Appellant: Glen Vincent; Appellant: Stephen Willis; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
03 February 2011
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeals by Auton and Hindle dismissed; appeals by Vincent and Willis allowed in part with sentences reduced.
Legal Topics
Sentencing, Drug Offences, Cannabis Cultivation, Supply of Drugs
Criminal Law Sentencing Drug Offences Cannabis Cultivation Supply of Drugs

Case Brief

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Parties

John Auton

Appellant

Lawrence Hindle

Appellant

Glen Vincent

Appellant

Stephen Willis

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Appropriate sentencing ranges for cannabis cultivation of varying scales
  2. 2 Distinction between cultivation for personal use and cultivation involving supply
  3. 3 Aggravating factors such as unlawful abstraction of electricity

Ratio Decidendi

Custodial sentences are mandatory for intensive cannabis cultivation operations, with sentence length determined by whether the operation is for personal use, involves supply to others, or is commercial. The sliding scale of supply short of commercial profit must be recognised, and aggravating factors such as unlawful abstraction of electricity must be considered. Basis of plea, if accepted, must be reflected in sentencing.

Court Disposition

Appeals by Auton and Hindle dismissed; appeals by Vincent and Willis allowed in part with sentences reduced.

Orders

  • Auton's appeal dismissed; sentence of 15 months for cannabis cultivation upheld.
  • Hindle's appeal dismissed; sentence of 15 months for cannabis cultivation upheld.