McGuiness & Anor, R. v [2008] EWCA Crim 1956 (06 August 2008)

McGuiness & Anor, R. v [2008] EWCA Crim 1956 (06 August 2008)

The consecutive sentence of 12 months for possession of ecstasy was excessive and should be reduced to six months, but remain consecutive. The suspended sentence imposed on Hartin placed him in a worse position than an immediate custodial sentence; therefore, a custodial sentence of 14 months, less time on remand, was substituted.

Citation
[2008] EWCA Crim 1956
Parties
Prosecution: Regina; First Appellant: Andrew James McGuiness; Second Appellant: Andrew Ernest Hartin
Jurisdiction
England and Wales
Judgment Date
06 August 2008
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Sentence
Outcome
appeals allowed in part
Legal Topics
Sentencing, Drug Offences, Appeal Against Sentence
Criminal Law Sentencing Drug Offences Appeal Against Sentence

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Andrew James McGuiness

First Appellant

Andrew Ernest Hartin

Second Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Sentence

Legal Issues

  1. 1 Whether the sentences imposed on the appellants were wrong in principle or manifestly excessive
  2. 2 Whether a consecutive sentence for possession of ecstasy was appropriate
  3. 3 Whether a suspended sentence placed the appellant in a worse position than an immediate custodial sentence

Ratio Decidendi

The consecutive sentence of 12 months for possession of ecstasy was excessive and should be reduced to six months, but remain consecutive. The suspended sentence imposed on Hartin placed him in a worse position than an immediate custodial sentence; therefore, a custodial sentence of 14 months, less time on remand, was substituted.

Court Disposition

appeals allowed in part

Orders

  • For McGuiness: consecutive sentence for possession of ecstasy reduced from 12 months to 6 months, total sentence now 22 months' imprisonment less 213 days on remand
  • For Hartin: suspended sentence quashed and replaced with 14 months' imprisonment less 213 days on remand, with no requirement to return to custody