The Attorney General v Peck

The Attorney General v Peck

The original suspended sentence was unduly lenient given the prolonged importation and supply of Class A drugs, significant aggravating factors, and insufficient reduction for guilty plea; an immediate custodial sentence of 2 years 9 months was substituted.

Source-derived case information.

Parties
Appellant: The Attorney General; Respondent: Daniel Peck
Jurisdiction
England and Wales
Judgment Date
12 February 2020
Procedural Posture
Criminal Appeal / Reference Under S.36 Criminal Justice Act 1988
Outcome
appeal allowed; sentence increased
Legal Topics
Sentencing, Drug Offences, Unduly Lenient Sentence, Importation, Supply of Controlled Substances
Criminal Law Sentencing Drug Offences Unduly Lenient Sentence Importation Supply of Controlled Substances

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Parties

The Attorney General

Appellant

Daniel Peck

Respondent

Procedural Posture

Criminal Appeal / Reference Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the original sentence imposed was unduly lenient
  2. 2 Appropriate sentencing for importation and supply of Class A drugs
  3. 3 Consideration of aggravating and mitigating factors in sentencing

Ratio Decidendi

The original suspended sentence was unduly lenient given the prolonged importation and supply of Class A drugs, significant aggravating factors, and insufficient reduction for guilty plea; an immediate custodial sentence of 2 years 9 months was substituted.

Court Disposition

appeal allowed; sentence increased

Orders

  • Sentences of 2 years imprisonment suspended for two years quashed on Counts 1, 2, and 5.
  • Substituted sentences of 2 years 9 months imprisonment on Counts 1, 2, and 5, to be served concurrently.