Mythen, R v

Mythen, R v

The judge erred by increasing the starting point for sentence arithmetically based on drug quantity; proper approach was to remain within the guideline range for Category 1, significant role. Full credit for guilty plea warranted reduction to eight years.

Parties
Prosecution: Regina; Appellant: Peter Mythen
Jurisdiction
England and Wales
Judgment Date
06 November 2019
Procedural Posture
Criminal Appeal / Judgment on Sentence Appeal
Outcome
appeal allowed in part
Legal Topics
Sentencing, Drug Importation, Mitigation, Travel Restriction Order
Criminal Law Sentencing Drug Importation Mitigation Travel Restriction Order

Case Brief

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Parties

Regina

Prosecution

Peter Mythen

Appellant

Procedural Posture

Criminal Appeal / Judgment on Sentence Appeal

Legal Issues

  1. 1 Whether the sentence imposed for importing class A drugs was excessive
  2. 2 Whether the Travel Restriction Order was disproportionate

Ratio Decidendi

The judge erred by increasing the starting point for sentence arithmetically based on drug quantity; proper approach was to remain within the guideline range for Category 1, significant role. Full credit for guilty plea warranted reduction to eight years.

Court Disposition

appeal allowed in part

Orders

  • Sentence of 10 years quashed and substituted with 8 years' imprisonment
  • Travel Restriction Order for two years after release upheld