Regina v Mark Thone & Ors

Regina v Mark Thone & Ors

The sentences imposed on Unsted and Dooley were not manifestly excessive; factual findings by the trial judge were supported by evidence and not irrational. Thone's sentence on count 6 should have been reduced by one quarter for guilty plea due to overlap with Nebule indictment. Kandola's offending was wrongly placed in category 2; evidence supported category 3, warranting a reduced sentence.

Parties
Respondent: Regina; Appellant: Mark Thone; Appellant: Baljit Kandola; Applicant: Adam Dooley; Applicant: Marc Unsted
Jurisdiction
England and Wales
Judgment Date
22 June 2022
Procedural Posture
Criminal Appeal / Judgment on Appeal and Renewed Applications
Outcome
Appeals of Thone and Kandola allowed in part; applications of Unsted and Dooley refused.
Legal Topics
Sentencing, Conspiracy, Drug Offences, Appeals, Newton Hearing, Double Jeopardy
Criminal Law Sentencing Conspiracy Drug Offences Appeals Newton Hearing Double Jeopardy

Case Brief

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Parties

Regina

Respondent

Mark Thone

Appellant

Baljit Kandola

Appellant

Adam Dooley

Applicant

Marc Unsted

Applicant

Procedural Posture

Criminal Appeal / Judgment on Appeal and Renewed Applications

Legal Issues

  1. 1 Whether sentences imposed on appellants and applicants were manifestly excessive or wrong in principle
  2. 2 Whether there was double jeopardy or overlap in charges against Mark Thone
  3. 3 Whether the judge erred in categorising Baljit Kandola's offending under sentencing guidelines

Ratio Decidendi

The sentences imposed on Unsted and Dooley were not manifestly excessive; factual findings by the trial judge were supported by evidence and not irrational. Thone's sentence on count 6 should have been reduced by one quarter for guilty plea due to overlap with Nebule indictment. Kandola's offending was wrongly placed in category 2; evidence supported category 3, warranting a reduced sentence.

Court Disposition

Appeals of Thone and Kandola allowed in part; applications of Unsted and Dooley refused.

Orders

  • Thone's sentence on count 6 reduced from 10 years 6 months to 9 years imprisonment, concurrent with other sentences.
  • Kandola's sentence reduced from 2 years 6 months to 20 months imprisonment.