Lopez, R. v [2019] EWCA Crim 255 (23 January 2019)

Lopez, R. v [2019] EWCA Crim 255 (23 January 2019)

The sentences imposed were unduly lenient because the Recorder failed to give sufficient weight to multiple aggravating features, including the nature and duration of the conspiracies, use of a drugs line, supply of two types of Class A drugs, Lopez's offending while on licence, and Lawrence's offending in breach of...

Source-derived case information.

Citation
[2019] EWCA Crim 255
Parties
Prosecutor: Regina (The Crown); Defendant: Rowan Lopez; Defendant: Mark Lawrence
Jurisdiction
England and Wales
Judgment Date
23 January 2019
Procedural Posture
Criminal Appeal (attorney General's Reference) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988
Outcome
Appeal allowed; sentences quashed and substituted with increased terms.
Legal Topics
Sentencing, Conspiracy to Supply Controlled Drugs, Unduly Lenient Sentences, Aggravating and Mitigating Factors, Concurrent and Consecutive Sentences
Criminal Law Sentencing Conspiracy to Supply Controlled Drugs Unduly Lenient Sentences Aggravating and Mitigating Factors Concurrent and Consecutive Sentences

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Summary, issues, holding and outcome

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Parties

Regina (The Crown)

Prosecutor

Rowan Lopez

Defendant

Mark Lawrence

Defendant

Procedural Posture

Criminal Appeal (attorney General's Reference) / Appeal Against Sentence Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentences imposed on Rowan Lopez and Mark Lawrence for conspiracy to supply Class A drugs were unduly lenient
  2. 2 Proper application of sentencing guidelines for conspiracy to supply controlled drugs
  3. 3 Appropriate consideration of aggravating and mitigating factors in sentencing

Ratio Decidendi

The sentences imposed were unduly lenient because the Recorder failed to give sufficient weight to multiple aggravating features, including the nature and duration of the conspiracies, use of a drugs line, supply of two types of Class A drugs, Lopez's offending while on licence, and Lawrence's offending in breach of a suspended sentence. Proper application of the sentencing guidelines and consideration of totality required a significant increase above the guideline starting point, resulting in substituted sentences of 6 years' imprisonment for each offender.

Court Disposition

Appeal allowed; sentences quashed and substituted with increased terms.

Orders

  • Sentences of 3 years 9 months' imprisonment quashed for both Lopez and Lawrence.
  • Rowan Lopez: substituted sentence of 6 years' imprisonment (counts 1 and 2 concurrent).