Arusha, R. v

Arusha, R. v

The application for extension of time was refused due to insufficient explanation for the delay. Even if time was extended, the sentence was not manifestly excessive as the applicant's role was more significant than a mere courier, given his awareness, involvement, and the scale of the operation. The judge was entitled to depart from the basis of plea, and the starting point of 15 years was justified given the facts.

Parties
Prosecutor: Regina; Applicant: Liridon Arusha
Jurisdiction
England and Wales
Judgment Date
05 February 2019
Procedural Posture
Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Sentence
Outcome
application for extension of time and leave to appeal dismissed
Legal Topics
Sentencing, Drug Offences, Appeal Procedure, Basis of Plea, Newton Hearing
Criminal Law Sentencing Drug Offences Appeal Procedure Basis of Plea Newton Hearing

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Parties

Regina

Prosecutor

Liridon Arusha

Applicant

Procedural Posture

Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the extension of time to appeal against sentence should be granted
  2. 2 Whether the sentence imposed was manifestly excessive
  3. 3 Whether the judge was entitled to depart from the applicant's basis of plea without a Newton hearing

Ratio Decidendi

The application for extension of time was refused due to insufficient explanation for the delay. Even if time was extended, the sentence was not manifestly excessive as the applicant's role was more significant than a mere courier, given his awareness, involvement, and the scale of the operation. The judge was entitled to depart from the basis of plea, and the starting point of 15 years was justified given the facts.

Court Disposition

application for extension of time and leave to appeal dismissed