The defendants appealed their sentences for importation of class A drugs. They had acted as drugs mules. New guidelines were due to take effect which be expected to have led to shorter sentences. The court was asked whether such new standards could be applied retrospectively. They argued that the new standards implied that the standards under which the defendants had been sentenced were excessive.
Held: Guidelines which were expressly stated to apply from a certain date, then they could not be said to affect a sentencing practice prior to that date.
Judges:
Hughes VP LJ, Treacy, Globe JJ
Citations:
[2012] EWCA Crim 838
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Aramah CACD 1982
In relation to major cases of importation of Class A drugs, the starting point for consignments exceeding 5 kilos assessed by reference to 100% purity rather than total weight, is a sentence of 14 years and upwards following conviction. In a passage . .
Cited – Regina v Derek William Bentley (Deceased) CACD 30-Jul-1998
The defendant had been convicted of murder in 1952, and hung. A court hearing an appeal after many years must apply laws from different eras to different aspects. The law of the offence (of murder) to be applied was that at the time of the offence. . .
Cited by:
Cited – Docherty, Regina v SC 14-Dec-2016
After conviction on his own admission for wounding with intent, and with a finding that he posed a threat to the public, the defendant was sentenced to imprisonment for public protection. Such sentences were abolished with effect from the day after . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 25 November 2022; Ref: scu.461744
