Davis, R. v [2024] EWCA Crim 1650 (20 December 2024)

Davis, R. v [2024] EWCA Crim 1650 (20 December 2024)

The sentencing judge erred by not adjusting the starting point downward to reflect the actual quantity of heroin (743 grams, below the one kilogram indicative quantity). The correct starting point should have been around six years, adjusted upwards for the other offences, and then reduced by one-third for the early guilty plea, resulting in a sentence of five years and four months.

Citation
[2024] EWCA Crim 1650
Parties
Prosecution: Rex; Appellant: Warren Davis
Jurisdiction
England and Wales
Judgment Date
20 December 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Drug Offences, Appeal Against Sentence
Criminal Law Sentencing Drug Offences Appeal Against Sentence

Case Brief

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Parties

Rex

Prosecution

Warren Davis

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in applying the starting point for sentencing based on drug quantity
  2. 2 Whether sufficient credit was given for mitigation and early guilty plea
  3. 3 Whether the overall sentence was manifestly excessive

Ratio Decidendi

The sentencing judge erred by not adjusting the starting point downward to reflect the actual quantity of heroin (743 grams, below the one kilogram indicative quantity). The correct starting point should have been around six years, adjusted upwards for the other offences, and then reduced by one-third for the early guilty plea, resulting in a sentence of five years and four months.

Court Disposition

appeal allowed in part

Orders

  • Sentence of six years and four months on count 3 quashed
  • Substitute sentence of five years and four months on count 3