Drewett, R. v

Drewett, R. v

The sentencing judge erred in principle by increasing the statutory minimum sentence to account for the period of recall from licence; the correct approach was to impose the statutory minimum sentence and, if appropriate, make an order for return to custody under section 116 of the 2000 Act, with proper credit for time already served.

Parties
Respondent: R; Appellant: Mark Clive Drewett
Jurisdiction
England and Wales
Judgment Date
17 May 2006
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed in part; sentence varied
Legal Topics
Sentencing, Drug Offences, Recall to Custody, Minimum Sentences
Criminal Law Sentencing Drug Offences Recall to Custody Minimum Sentences

Case Brief

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Parties

R

Respondent

Mark Clive Drewett

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in increasing the statutory minimum sentence due to recall from licence
  2. 2 Whether appropriate credit was given for the guilty plea
  3. 3 Whether an order for return to custody under section 116 of the Powers of Criminal Courts (Sentencing) Act 2000 should be made

Ratio Decidendi

The sentencing judge erred in principle by increasing the statutory minimum sentence to account for the period of recall from licence; the correct approach was to impose the statutory minimum sentence and, if appropriate, make an order for return to custody under section 116 of the 2000 Act, with proper credit for time already served.

Court Disposition

Appeal allowed in part; sentence varied

Orders

  • Original sentence of 8 years and 26 days quashed
  • Appellant to serve 150 days return to custody under section 116 of the 2000 Act for previous sentences