Broad, R v [2020] EWCA Crim 1428 (22 October 2020)

Broad, R v [2020] EWCA Crim 1428 (22 October 2020)

The total sentence of six years did not sufficiently account for totality given the appellant's mitigating circumstances and the scale of offending charged. The appropriate total sentence is five years, achieved by reducing the second indictment's concurrent sentences to two years, consecutive to three years on the first indictment.

Citation
[2020] EWCA Crim 1428
Parties
Prosecution: Regina; Appellant: Stephen Broad
Jurisdiction
England and Wales
Judgment Date
22 October 2020
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed; sentence reduced
Legal Topics
Sentencing, Drug Offences, Totality Principle, Consecutive Sentences
Criminal Law Sentencing Drug Offences Totality Principle Consecutive Sentences

Case Brief

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Parties

Regina

Prosecution

Stephen Broad

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether consecutive sentences were appropriate for two sets of drug offences
  2. 2 Whether the total sentence of six years was manifestly excessive

Ratio Decidendi

The total sentence of six years did not sufficiently account for totality given the appellant's mitigating circumstances and the scale of offending charged. The appropriate total sentence is five years, achieved by reducing the second indictment's concurrent sentences to two years, consecutive to three years on the first indictment.

Court Disposition

appeal allowed; sentence reduced

Orders

  • Total sentence reduced to five years imprisonment
  • Concurrent sentences of three years on second indictment quashed