Bergin, R v [2014] EWCA Crim 1228 (04 June 2014)

Bergin, R v [2014] EWCA Crim 1228 (04 June 2014)

A total sentence of 3 years' imprisonment for the appellant's level of criminality, even considering personal mitigation and the circumstances of the guilty plea, was not manifestly excessive or wrong in principle. The credit for the guilty plea was appropriate given the facts and the prosecution's initial acceptance of an unrealistic basis of plea.

Citation
[2014] EWCA Crim 1228
Parties
Prosecution: Regina; Appellant: Peter Bergin
Jurisdiction
England and Wales
Judgment Date
04 June 2014
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sentencing, Drug Offences, Guilty Plea Credit, Mitigation
Criminal Law Sentencing Drug Offences Guilty Plea Credit Mitigation

Case Brief

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Parties

Regina

Prosecution

Peter Bergin

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of 3 years' imprisonment for production and possession with intent to supply cannabis was manifestly excessive or wrong in principle
  2. 2 Whether appropriate credit was given for the guilty plea given the circumstances of the plea basis

Ratio Decidendi

A total sentence of 3 years' imprisonment for the appellant's level of criminality, even considering personal mitigation and the circumstances of the guilty plea, was not manifestly excessive or wrong in principle. The credit for the guilty plea was appropriate given the facts and the prosecution's initial acceptance of an unrealistic basis of plea.

Court Disposition

appeal dismissed

Orders

  • The appeal against sentence is dismissed.