R v Sandro Dias

R v Sandro Dias

The sentencing judge made a mathematical error in applying the 25% discount for plea, resulting in a sentence of 4 years instead of 3 years and 9 months. The correct sentence after applying the discount is 3 years and 9 months. The total sentence is therefore adjusted to 6 years and 9 months.

Parties
Prosecutor: Rex; Appellant: Sandro Dias
Jurisdiction
England and Wales
Judgment Date
12 May 2024
Procedural Posture
Criminal Appeal / Judgment on Sentence Correction
Outcome
appeal allowed in part; sentence varied
Legal Topics
Sentencing, Discount for Plea, Drug Offences, Consecutive Sentences, Surcharge Order
Criminal Law Sentencing Discount for Plea Drug Offences Consecutive Sentences Surcharge Order

Case Brief

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Parties

Rex

Prosecutor

Sandro Dias

Appellant

Procedural Posture

Criminal Appeal / Judgment on Sentence Correction

Legal Issues

  1. 1 Whether there was a miscalculation in applying the correct discount for plea to the sentence imposed on the appellant
  2. 2 Whether the sentence should be adjusted to reflect the correct discount

Ratio Decidendi

The sentencing judge made a mathematical error in applying the 25% discount for plea, resulting in a sentence of 4 years instead of 3 years and 9 months. The correct sentence after applying the discount is 3 years and 9 months. The total sentence is therefore adjusted to 6 years and 9 months.

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.
  • All other sentences and orders remain the same.