R v Michael Harvey

R v Michael Harvey

Given the appellant's extensive offending record, the custodial threshold was passed and a sentence of six weeks' custody before credit for guilty plea was justified, well within the sentencing range. The sentence of four weeks after credit, with time served, was not manifestly excessive.

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, Guilty Plea Credit, Custodial Threshold
Criminal Law Possession of Class a Drugs Sentencing Guilty Plea Credit Custodial Threshold

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 was manifestly excessive given the small quantity and value of drugs and the appellant's mitigation
  2. 2 Whether the custodial threshold was properly passed

Ratio Decidendi

Given the appellant's extensive offending record, the custodial threshold was passed and a sentence of six weeks' custody before credit for guilty plea was justified, well within the sentencing range. The sentence of four weeks after credit, with time served, was not manifestly excessive.

Court Disposition

appeal dismissed

Orders

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