Dalton, R. v [2009] EWCA Crim 1855 (04 March 2009)

Dalton, R. v [2009] EWCA Crim 1855 (04 March 2009)

The judge could not properly reactivate the suspended sentence in its totality given the credit for time spent on remand and the passage of time; the nine-month sentence for possession with intent to supply was excessive in the circumstances, and a six-month sentence was substituted.

Citation
[2009] EWCA Crim 1855
Parties
Prosecution: Regina; Appellant: Peter John Dalton
Jurisdiction
England and Wales
Judgment Date
04 March 2009
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Sentencing, Drug Offences, Activation of Suspended Sentence, Arson
Criminal Law Sentencing Drug Offences Activation of Suspended Sentence Arson

Case Brief

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Parties

Regina

Prosecution

Peter John Dalton

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

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

Ratio Decidendi

The judge could not properly reactivate the suspended sentence in its totality given the credit for time spent on remand and the passage of time; the nine-month sentence for possession with intent to supply was excessive in the circumstances, and a six-month sentence was substituted.

Court Disposition

appeal allowed

Orders

  • Both sentences quashed
  • Six months' imprisonment substituted for possession with intent to supply