Carroll, R v

Carroll, R v

The sentence was not manifestly excessive given the significant amount of heroin, the appellant's familiarity with the prison regime, his prior convictions, and the aggravating features outweighing the mitigation.

Parties
Prosecution: Regina; Appellant: Michael Carroll
Jurisdiction
England and Wales
Judgment Date
28 October 2008
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Drug Offences, Sentencing, Appeals
Criminal Law Drug Offences Sentencing Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Michael Carroll

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the sentence of six years' imprisonment for possession of drugs with intent to supply in prison was manifestly excessive
  2. 2 Whether aggravating and mitigating factors were properly considered in sentencing

Ratio Decidendi

The sentence was not manifestly excessive given the significant amount of heroin, the appellant's familiarity with the prison regime, his prior convictions, and the aggravating features outweighing the mitigation.

Court Disposition

appeal dismissed

Orders

  • sentence of six years' imprisonment upheld
  • sentences to run concurrent with existing sentence