R v Oleksandr Hranatyr

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

Parties: Prosecution: Rex; Applicant: Oleksandr Hranatyr
Jurisdiction: England and Wales
Judgment Date: 11 October 2024
Procedural Posture: Criminal Appeal / Judgment on Appeal Against Sentence
Outcome: appeal allowed; sentence varied
Legal Topics: Sentencing, Possession With Intent to Supply, Possession of Criminal Property, Suspended Sentences, Mitigation

Criminal Law Sentencing Possession With Intent to Supply Possession of Criminal Property Suspended Sentences Mitigation

Case Brief

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 7

Parties

Rex

Prosecution

Oleksandr Hranatyr

Applicant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

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

Ratio Decidendi

Court Disposition

appeal allowed; sentence varied

Orders

Sentence of two years' immediate imprisonment quashed and substituted with 16 months' imprisonment suspended for two years
No separate penalty for possession of criminal property; six months' imprisonment quashed