Busby, R. v

Busby, R. v

The original sentence of 15 months' imprisonment was manifestly excessive given the facts, mitigation, and immediate recognition of wrongdoing by the appellant. An appropriate sentence is six months' imprisonment, suspended for 12 months, with a rehabilitation activity requirement.

Source-derived case information.

Parties
Prosecutor: Regina; Appellant: Moka Busby
Jurisdiction
England and Wales
Judgment Date
12 June 2019
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed; sentence reduced and suspended
Legal Topics
Sentencing, Administering Poison, Possession of Controlled Substances, Appeal Against Sentence
Criminal Law Sentencing Administering Poison Possession of Controlled Substances Appeal Against Sentence

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Regina

Prosecutor

Moka Busby

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether sufficient credit was given for plea and mitigation
  3. 3 Whether the sentence should have been suspended

Ratio Decidendi

The original sentence of 15 months' imprisonment was manifestly excessive given the facts, mitigation, and immediate recognition of wrongdoing by the appellant. An appropriate sentence is six months' imprisonment, suspended for 12 months, with a rehabilitation activity requirement.

Court Disposition

Appeal allowed; sentence reduced and suspended

Orders

  • Sentence of 15 months' imprisonment substituted with six months' imprisonment suspended for 12 months
  • Rehabilitation activity requirement of 20 days attached to suspended sentence