Rowlands, R v

Rowlands, R v

The sentencing judge was correct to consider the guidelines for both Class A and Class B drug supply, as the statutory framework makes the maximum penalty referable to the most serious reference offence, and the appellant's lack of belief as to which class would be supplied does not reduce culpability to that of...

Source-derived case information.

Parties
Prosecutor: Regina; Appellant: Steven Rowlands
Jurisdiction
England and Wales
Judgment Date
09 August 2019
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Encouraging or Assisting Crime, Sentencing, Controlled Substances, Mitigation
Criminal Law Encouraging or Assisting Crime Sentencing Controlled Substances Mitigation

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Summary, issues, holding and outcome

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Parties

Regina

Prosecutor

Steven Rowlands

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in applying the sentencing guidelines for supply of Class A drugs to an offence under section 46 of the Serious Crime Act 2007 where the appellant had no specific belief as to the class of drug to be supplied
  2. 2 Whether sufficient weight was given to the appellant's mitigation

Ratio Decidendi

The sentencing judge was correct to consider the guidelines for both Class A and Class B drug supply, as the statutory framework makes the maximum penalty referable to the most serious reference offence, and the appellant's lack of belief as to which class would be supplied does not reduce culpability to that of Class B only. The sentence was not manifestly excessive given the quantity and role.

Court Disposition

appeal dismissed

Orders

  • Sentence of three years four months' imprisonment on each count to stand