Hranatyr, R. v [2023] EWCA Crim 1684 (28 November 2023)

Hranatyr, R. v [2023] EWCA Crim 1684 (28 November 2023)

The sentencing judge failed to adjust the starting point for sentence to reflect the small quantity of drugs, did not sufficiently consider mitigating factors, and did not apply the Imposition Guideline regarding suspension. The appropriate sentence, after adjustment and reduction for plea, was 16 months'...

Source-derived case information.

Citation
[2023] EWCA Crim 1684
Parties
Prosecution: Rex; Applicant: Oleksandr Hranatyr
Jurisdiction
England and Wales
Judgment Date
28 November 2023
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Drug Offences, Possession With Intent to Supply, Possession of Criminal Property, Suspended Sentences
Criminal Law Sentencing Drug Offences Possession With Intent to Supply Possession of Criminal Property Suspended Sentences

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Summary, issues, holding and outcome

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Parties

Rex

Prosecution

Oleksandr Hranatyr

Applicant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in failing to adjust the starting point for sentence by reference to the amount of drugs involved
  2. 2 Whether the judge failed to allow for mitigating factors
  3. 3 Whether the judge failed to consider the Imposition Guideline regarding suspension of custodial sentences

Ratio Decidendi

The sentencing judge failed to adjust the starting point for sentence to reflect the small quantity of drugs, did not sufficiently consider mitigating factors, and did not apply the Imposition Guideline regarding suspension. The appropriate sentence, after adjustment and reduction for plea, was 16 months' imprisonment, suspended for two years.

Court Disposition

appeal allowed in part

Orders

  • Sentence of two years' immediate imprisonment quashed and replaced with 16 months' imprisonment suspended for two years for possession with intent to supply.
  • Sentence of six months' imprisonment for possession of criminal property quashed; no separate penalty imposed.