Entirely suspended sentence imposed for drugs offence was not unduly lenient

By: Ciaran Joyce BL

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Court of Appeal dismisses appeal of fully suspended sentence of five years imprisonment imposed for drugs possession on the grounds it was unduly lenient, finding that there were sufficiently unusual features present relating to both the offence and the offender which meant that it cannot be said that the judge’s approach was an impermissible one.

Criminal law – sentencing – undue leniency – whether a suspended sentence of five years imprisonment imposed for drugs possession was unduly lenient – s. 2 of the Criminal Justice Act 1993 – s. 15A of the Misuse of Drugs Act – whether suspending the entirety of the sentence imposed was unduly lenient – there were sufficiently unusual features present relating to both the offence and the offender which meant that it cannot be said that the Judge’s approach was an impermissible one – appeal dismissed.

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