Wheatley, R. v [2023] EWCA Crim 1195 (04 October 2023)

Wheatley, R. v [2023] EWCA Crim 1195 (04 October 2023)

The error in the starting point for count 2 did not render the overall sentence incorrect due to concurrency, and mitigation evidence was insufficient to reduce the sentence significantly; the sentence is not manifestly excessive.

Citation
[2023] EWCA Crim 1195
Parties
Prosecution: Rex; Appellant: Rayon Wheatley
Jurisdiction
England and Wales
Judgment Date
04 October 2023
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sentencing, Conspiracy to Supply Drugs, Possession of Criminal Property, Application of Sentencing Guidelines, Mitigation, Totality Principle
Criminal Law Sentencing Conspiracy to Supply Drugs Possession of Criminal Property Application of Sentencing Guidelines Mitigation Totality Principle

Case Brief

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Parties

Rex

Prosecution

Rayon Wheatley

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Did the Recorder err in the starting point for count 2 (conspiracy to supply Class B drugs)?
  2. 2 Did the Recorder fail to properly consider personal mitigation in sentencing?

Ratio Decidendi

The error in the starting point for count 2 did not render the overall sentence incorrect due to concurrency, and mitigation evidence was insufficient to reduce the sentence significantly; the sentence is not manifestly excessive.

Court Disposition

appeal dismissed

Orders

  • Suspended sentence of 12 months' imprisonment activated from 9 February 2023, to run concurrently with other sentences.