Ogundeyin, R. v [2024] EWCA Crim 742 (14 June 2024)

Ogundeyin, R. v [2024] EWCA Crim 742 (14 June 2024)

The evidence did not establish that the appellant had a significant role within the drug supply operation; his role was consistent with a 'lesser' role under the guidelines. The sentencing judge erred in categorising the role as 'significant' and applying a higher starting point. The correct categorisation is...

Source-derived case information.

Citation
[2024] EWCA Crim 742
Parties
Prosecution: Rex; Applicant/appellant: Damilola Ogundeyin
Jurisdiction
England and Wales
Judgment Date
14 June 2024
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence; Substantive Appeal Against Sentence
Outcome
appeal allowed in part; sentence varied
Legal Topics
Sentencing, Drug Offences, Appeals Procedure
Criminal Law Sentencing Drug Offences Appeals Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Rex

Prosecution

Damilola Ogundeyin

Applicant/appellant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence; Substantive Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in categorising the applicant's role as 'significant' rather than 'lesser' under the Sentencing Council guidelines for supply of Class A drugs
  2. 2 Whether too much weight was placed on the applicant's previous convictions
  3. 3 Whether insufficient credit was given for mitigation

Ratio Decidendi

The evidence did not establish that the appellant had a significant role within the drug supply operation; his role was consistent with a 'lesser' role under the guidelines. The sentencing judge erred in categorising the role as 'significant' and applying a higher starting point. The correct categorisation is category 2 'lesser role', with sentence at the top of the range due to aggravating features.

Court Disposition

appeal allowed in part; sentence varied

Orders

  • Sentence of nine years' imprisonment quashed
  • Substituted sentence of seven years' imprisonment imposed