McGuiness & Anor, R. v

The consecutive sentence of 12 months for possession of ecstasy imposed on McGuiness was excessive and should be reduced to six months, resulting in a total sentence of 22 months' imprisonment. The suspended sentence imposed on Hartin was inappropriate as it placed him in a worse position than an immediate custodial sentence; therefore, a custodial sentence of 14 months, less time on remand, was substituted.

Parties: Prosecutor: Regina; First Appellant: Andrew James McGuiness; Second Appellant: Andrew Ernest Hartin
Jurisdiction: England and Wales
Judgment Date: 06 August 2008
Procedural Posture: Criminal Appeal / Judgment on Sentence Appeal
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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Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 21

Parties

Regina

Prosecutor

Andrew James McGuiness

First Appellant

Andrew Ernest Hartin

Second Appellant

Procedural Posture

Criminal Appeal / Judgment on Sentence Appeal

Legal Issues

1 Whether the sentences imposed on the appellants were wrong in principle or manifestly excessive
2 Whether the consecutive sentence for possession of ecstasy was excessive
3 Whether the suspended sentence imposed on Hartin was appropriate

Ratio Decidendi

Court Disposition

appeals allowed in part

Orders

For McGuiness, the consecutive sentence of 12 months for possession of ecstasy is quashed and substituted with six months, to run consecutively, making a total of 22 months' imprisonment less 213 days spent on remand.
For Hartin, the suspended sentence is quashed and substituted with a custodial sentence of 14 months' imprisonment less 213 days spent on remand.