Olumba, R. v

Olumba, R. v

The default sentence should be proportionate to the amount confiscated and not automatically set at the maximum; since the confiscation sum was just above the lower threshold, a two-year default sentence was appropriate.

Parties
Prosecution: Regina; Appellant: Oscar Patrick Olumba
Jurisdiction
England and Wales
Judgment Date
20 February 2008
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Confiscation Order, Default Sentence, Drug Offences, Sentencing Discretion
Criminal Law Confiscation Order Default Sentence Drug Offences Sentencing Discretion

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Parties

Regina

Prosecution

Oscar Patrick Olumba

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the maximum default sentence was appropriate for a confiscation order near the bottom of the statutory bracket

Ratio Decidendi

The default sentence should be proportionate to the amount confiscated and not automatically set at the maximum; since the confiscation sum was just above the lower threshold, a two-year default sentence was appropriate.

Court Disposition

appeal allowed in part

Orders

  • Default sentence reduced to two years' imprisonment consecutive to the substantive sentence