Dalton, R. v

Dalton, R. v

The Recorder erred in activating the suspended sentence in its totality given the time elapsed and the different nature of the offences; the nine-month sentence for possession with intent to supply was excessive in the circumstances, and a sentence of six months was substituted.

Parties
Prosecutor: Regina; Appellant: Peter John Dalton
Jurisdiction
England and Wales
Judgment Date
04 March 2009
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Possession With Intent to Supply, Activation of Suspended Sentence, Sentencing Guidelines, Social Supply of Drugs
Criminal Law Possession With Intent to Supply Activation of Suspended Sentence Sentencing Guidelines Social Supply of Drugs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Regina

Prosecutor

Peter John Dalton

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the Recorder erred in activating the suspended sentence in its totality
  2. 2 Whether the sentence for possession with intent to supply was manifestly excessive

Ratio Decidendi

The Recorder erred in activating the suspended sentence in its totality given the time elapsed and the different nature of the offences; the nine-month sentence for possession with intent to supply was excessive in the circumstances, and a sentence of six months was substituted.

Court Disposition

appeal allowed in part

Orders

  • Quash both sentences in relation to possession with intent to supply and substitute a sentence of six months' imprisonment
  • Quash the order activating the suspended sentence