Davies & Ors, R v

Davies & Ors, R v

Sentences for supply of heroin must be reduced in line with R v Afonso only for offenders who are out-of-work addicts supplying solely to fund their own addiction, with no stock, limited supply, and no significant criminal record; those with prior convictions or outside this category are not entitled to the same reduction.

Parties
Applicant/appellant: Tanya Davies; Applicant/appellant: Jason Stuart Hall; Applicant/appellant: Catherine Picton; Appellant: Steven Phillip Evans; Applicant/appellant: Gareth Lee Edwards; Applicant/appellant: Paul Bevan; Applicant/appellant: Jessica Dee Gulliford; Appellant: Suzanne Gething; Appellant: Tony Forward; Applicant/appellant: Dean Melville Jones; Respondent: Crown
Jurisdiction
England and Wales
Judgment Date
05 October 2005
Procedural Posture
Criminal Appeal / Judgment on Sentence Appeals
Outcome
Appeals allowed in part; sentences reduced for some appellants; appeals dismissed or leave refused for others.
Legal Topics
Sentencing, Drug Offences, Appeals, Mitigation, Precedent Application
Criminal Law Sentencing Drug Offences Appeals Mitigation Precedent Application

Case Brief

Summary, issues, holding and outcome

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Parties

Tanya Davies

Applicant/appellant

Jason Stuart Hall

Applicant/appellant

Catherine Picton

Applicant/appellant

Steven Phillip Evans

Appellant

Gareth Lee Edwards

Applicant/appellant

Paul Bevan

Applicant/appellant

Jessica Dee Gulliford

Applicant/appellant

Suzanne Gething

Appellant

Tony Forward

Appellant

Dean Melville Jones

Applicant/appellant

Crown

Respondent

Procedural Posture

Criminal Appeal / Judgment on Sentence Appeals

Legal Issues

  1. 1 Whether sentences imposed for supply of heroin were excessive in light of R v Afonso and related authorities
  2. 2 Whether appellants fell within the limited category identified in Afonso for reduced sentencing
  3. 3 Effect of prior convictions on eligibility for reduced sentences

Ratio Decidendi

Sentences for supply of heroin must be reduced in line with R v Afonso only for offenders who are out-of-work addicts supplying solely to fund their own addiction, with no stock, limited supply, and no significant criminal record; those with prior convictions or outside this category are not entitled to the same reduction.

Court Disposition

Appeals allowed in part; sentences reduced for some appellants; appeals dismissed or leave refused for others.

Orders

  • Tanya Davies: sentence reduced to 2.5 years imprisonment on each count concurrently
  • Jason Stuart Hall: sentence reduced to 3.5 years imprisonment on each count concurrently