Chen, R. v

A 50 per cent uplift in the sentencing starting point for a gardener was excessive given the appellant's role; the appropriate sentence was two years six months after credit for plea.

Parties: Prosecution: Regina; Appellant: Ming Chen
Jurisdiction: England and Wales
Judgment Date: 02 March 2010
Procedural Posture: Criminal Appeal / Judgment
Outcome: appeal allowed
Legal Topics: Sentencing, Drug Offences, Illegal Immigration

Criminal Law Sentencing Drug Offences Illegal Immigration

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 8

Parties

Regina

Prosecution

Ming Chen

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

1 Whether the sentence imposed for being concerned in the production of a Class B drug was manifestly excessive for a gardener role

Ratio Decidendi

A 50 per cent uplift in the sentencing starting point for a gardener was excessive given the appellant's role; the appropriate sentence was two years six months after credit for plea.

Court Disposition

appeal allowed

Orders

original sentence of three years quashed
substituted sentence of two years six months imposed