Harvey, R. v [2023] EWCA Crim 406 (15 March 2023)

Harvey, R. v [2023] EWCA Crim 406 (15 March 2023)

Given the appellant's extensive offending record and the sentencing guidelines, the judge was entitled to impose a custodial sentence within the guideline range, and the sentence was not manifestly excessive.

Citation
[2023] EWCA Crim 406
Parties
Prosecution: Rex; Appellant: Michael Harvey
Jurisdiction
England and Wales
Judgment Date
15 March 2023
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Possession of Class a Drugs, Sentencing, Appeal Against Sentence
Criminal Law Possession of Class a Drugs Sentencing Appeal Against Sentence

Case Brief

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Parties

Rex

Prosecution

Michael Harvey

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for possession of a class A drug was manifestly excessive
  2. 2 Whether the custodial threshold was correctly applied given the facts and mitigation

Ratio Decidendi

Given the appellant's extensive offending record and the sentencing guidelines, the judge was entitled to impose a custodial sentence within the guideline range, and the sentence was not manifestly excessive.

Court Disposition

appeal dismissed

Orders

  • sentence of four weeks' imprisonment affirmed
  • victim surcharge, forfeiture and destruction orders affirmed