Guri, R. v [2024] EWCA Crim 1208 (19 June 2024)

Guri, R. v [2024] EWCA Crim 1208 (19 June 2024)

The original sentence of 15 months' imprisonment was manifestly excessive given the facts, appropriate starting point was 12 months with modest increase for quantity, and further mitigation for coercion and guilty plea warranted a substituted sentence of nine months' imprisonment.

Source-derived case information.

Citation
[2024] EWCA Crim 1208
Parties
Prosecution: Rex; Appellant: Mark Guri
Jurisdiction
England and Wales
Judgment Date
19 June 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Sentencing, Drug Offences, Appeal Against Sentence, Mitigation, Manifestly Excessive Sentence
Criminal Law Sentencing Drug Offences Appeal Against Sentence Mitigation Manifestly Excessive Sentence

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Parties

Rex

Prosecution

Mark Guri

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

  1. 1 Whether the sentence of 15 months' imprisonment for possession with intent to supply cannabis was manifestly excessive
  2. 2 Whether the judge erred in upward adjustment for drug quantity
  3. 3 Whether sufficient mitigation was applied for lack of previous convictions and coercion

Ratio Decidendi

The original sentence of 15 months' imprisonment was manifestly excessive given the facts, appropriate starting point was 12 months with modest increase for quantity, and further mitigation for coercion and guilty plea warranted a substituted sentence of nine months' imprisonment.

Court Disposition

appeal allowed

Orders

  • sentence of 15 months' imprisonment quashed
  • substituted sentence of nine months' imprisonment imposed