Broad, R v

Broad, R v

The total sentence of six years did not sufficiently account for totality given the mitigation and circumstances; a five-year sentence is proportionate.

Parties
Prosecutor: Regina; Appellant: Stephen Broad
Jurisdiction
England and Wales
Judgment Date
22 October 2020
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
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

Prosecutor

Stephen Broad

Appellant

Procedural Posture

Criminal Appeal / Judgment

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 mitigation and circumstances; a five-year sentence is proportionate.

Court Disposition

appeal allowed

Orders

  • Total sentence reduced to five years imprisonment.
  • Concurrent sentences of three years on the second indictment quashed and replaced with concurrent sentences of two years.