Parry, R. v [2024] EWCA Crim 1017 (31 July 2024)

The sentence was unduly lenient because the scale of the commercial drug operation warranted a starting point above the guideline range; a starting point of 21 years (reduced to 20 for mitigation, then 17 for guilty plea) was appropriate given the facts and the guideline's express provision for higher sentences in exceptional cases.

Citation: [2024] EWCA Crim 1017
Parties: Prosecution: Rex; Respondent Offender: Scott Gavin Parry
Jurisdiction: England and Wales
Judgment Date: 31 July 2024
Procedural Posture: Criminal Appeal (attorney General's Reference) / Court of Appeal Judgment on Unduly Lenient Sentence Referral
Outcome: Sentence increased on Attorney General's Reference; appeal allowed.
Legal Topics: Unduly Lenient Sentence, Drug Offences, Sentencing Guidelines, Attorney General's Reference

Criminal Law Unduly Lenient Sentence Drug Offences Sentencing Guidelines Attorney General's Reference

Case Brief

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 6

Parties

Rex

Prosecution

Scott Gavin Parry

Respondent Offender

Procedural Posture

Criminal Appeal (attorney General's Reference) / Court of Appeal Judgment on Unduly Lenient Sentence Referral

Legal Issues

1 Whether the sentence imposed for being concerned in the supply of Class A drugs (cocaine) was unduly lenient under s.36 Criminal Justice Act 1988
2 Appropriate application of sentencing guidelines for large-scale commercial drug supply

Ratio Decidendi

Court Disposition

Sentence increased on Attorney General's Reference; appeal allowed.

Orders

Quash sentence of 13 years 8 months' imprisonment on count 1 and substitute sentence of 17 years' imprisonment.
Total sentence now 17 years' imprisonment.