Dias, R. v [2024] EWCA Crim 1250 (10 September 2024)

Dias, R. v [2024] EWCA Crim 1250 (10 September 2024)

The sentencing judge made a mathematical error by applying a 25% discount to a 5-year sentence but imposing 4 years instead of the correct 3 years and 9 months. The sentence must be corrected to reflect the proper discount.

Citation
[2024] EWCA Crim 1250
Parties
Prosecution: Rex; Appellant: Sandro Dias
Jurisdiction
England and Wales
Judgment Date
10 September 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part; sentence varied
Legal Topics
Sentencing, Discount for Guilty Plea, Drug Offences, Mathematical Error in Sentencing
Criminal Law Sentencing Discount for Guilty Plea Drug Offences Mathematical Error in Sentencing

Case Brief

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Parties

Rex

Prosecution

Sandro Dias

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge made a mathematical error in applying the discount for guilty plea to the second set of offences
  2. 2 Whether the sentence should be corrected to reflect the proper discount

Ratio Decidendi

The sentencing judge made a mathematical error by applying a 25% discount to a 5-year sentence but imposing 4 years instead of the correct 3 years and 9 months. The sentence must be corrected to reflect the proper discount.

Court Disposition

appeal allowed in part; sentence varied

Orders

  • Concurrent sentences of 4 years on counts 1 and 2 on indictment 44BBO647722 quashed and replaced with sentences of 3 years and 9 months, to run concurrently with each other but consecutive to the sentence of 3 years on the earlier matters.
  • Total sentence adjusted to 6 years and 9 months.