Clough, R v

Clough, R v

The sentencing judge explicitly promised a full one-third discount for the guilty plea, which mathematically required a sentence of 17 years and 4 months rather than 18 years. The appellant's role was not sufficiently distinct from his co-accused to warrant a further reduction, and the sentence was consistent with...

Source-derived case information.

Parties
Respondent: Regina; Appellant: Paul William Clough
Jurisdiction
England and Wales
Judgment Date
18 June 2009
Procedural Posture
Criminal Appeal / Judgment on Renewed Application for Leave to Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Conspiracy, Drug Offences, Sentencing, Appeal Against Sentence
Criminal Law Conspiracy Drug Offences Sentencing Appeal Against Sentence

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Summary, issues, holding and outcome

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Parties

Regina

Respondent

Paul William Clough

Appellant

Procedural Posture

Criminal Appeal / Judgment on Renewed Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in failing to give a full one-third discount for a guilty plea
  2. 2 Whether the appellant's role in the conspiracy warranted a lower sentence than his co-accused
  3. 3 Whether the sentence was manifestly excessive given the circumstances

Ratio Decidendi

The sentencing judge explicitly promised a full one-third discount for the guilty plea, which mathematically required a sentence of 17 years and 4 months rather than 18 years. The appellant's role was not sufficiently distinct from his co-accused to warrant a further reduction, and the sentence was consistent with established authorities for large-scale drug conspiracies.

Court Disposition

appeal allowed in part

Orders

  • The sentence of 18 years is quashed and a sentence of 17 years and 4 months is substituted.
  • Representation order granted to appellant's advocate.