Adair, R v

Adair, R v

The original sentence failed to properly mark the distinct criminality of money laundering and underestimated the seriousness of the section 18 wounding offence. The overall sentence of 12 years was unduly lenient, and the proper structuring required consecutive sentences for money laundering and a higher starting point for violence, resulting in an increased total sentence.

Parties
Prosecution: Regina; Offender: Nicholas Richard Adair
Jurisdiction
England and Wales
Judgment Date
16 March 2018
Procedural Posture
Criminal / Reference Under S.36 Criminal Justice Act 1988 for Review of Sentence
Outcome
sentence increased
Legal Topics
Sentencing, Money Laundering, Drug Offences, Violent Offences, Principle of Totality, Unduly Lenient Sentences
Criminal Law Sentencing Money Laundering Drug Offences Violent Offences Principle of Totality Unduly Lenient Sentences

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Parties

Regina

Prosecution

Nicholas Richard Adair

Offender

Procedural Posture

Criminal / Reference Under S.36 Criminal Justice Act 1988 for Review of Sentence

Legal Issues

  1. 1 Whether the original sentence was unduly lenient
  2. 2 Proper structuring of sentences for distinct criminality (violence, drug dealing, money laundering)
  3. 3 Appropriate application of sentencing guidelines and principle of totality

Ratio Decidendi

The original sentence failed to properly mark the distinct criminality of money laundering and underestimated the seriousness of the section 18 wounding offence. The overall sentence of 12 years was unduly lenient, and the proper structuring required consecutive sentences for money laundering and a higher starting point for violence, resulting in an increased total sentence.

Court Disposition

sentence increased

Orders

  • Quash the sentence of 18 months concurrent on count 1 of indictment 520 and substitute a term of 2 years to be served consecutively
  • Overall term to be served is 14 years' imprisonment