Lunn, R v

Lunn, R v

The sentence was not excessive given the appellant's managerial responsibility and the seriousness of permitting cannabis smoking in a public house; mitigating factors were considered but did not outweigh aggravating circumstances.

Parties
Prosecution: Regina; Appellant: Joseph John Lunn
Jurisdiction
England and Wales
Judgment Date
03 September 2008
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sentencing, Drug Offences, Managerial Responsibility
Criminal Law Sentencing Drug Offences Managerial Responsibility

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Joseph John Lunn

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for permitting a public house to be used for smoking cannabis was manifestly excessive
  2. 2 Whether the judge failed to consider relevant mitigating factors

Ratio Decidendi

The sentence was not excessive given the appellant's managerial responsibility and the seriousness of permitting cannabis smoking in a public house; mitigating factors were considered but did not outweigh aggravating circumstances.

Court Disposition

appeal dismissed

Orders

  • sentence of 30 months imprisonment for permitting cannabis smoking upheld
  • concurrent sentence of 3 months for possession of cannabis upheld