The defendant appealed against combined sentences of 4 years and ten months detention in a Young Offender’s Institution in respect of several offences of supplying drugs. The judge appeared to have increased the starting point because of a prevalance of the offence in the area.
Held: ‘Sentencing levels set in guidelines such as the Drugs Guideline take account of collective social harm. In the case of drugs supply this will cover the detrimental impact of drug dealing activities upon communities. Accordingly offenders should normally be sentenced by straightforward application of the guidelines without aggravation for the fact that their activity contributes to a harmful social effect upon a neighbourhood or community. It is not open to the judge to increase sentence for prevalence in ordinary circumstances or in response to his own personal view that there is ‘too much of this sort of thing going on in this area’.’ and ‘. . the way in which the matter proceeded below was less than satisfactory in the absence of clarity about the question of prevalence at this appellant’s hearing. We return to the sentence imposed in this case.’ The sentence was reduced accordingly.
Treacey LJ, Wynn Williams, Garnham JJ
[2016] EWCA Crim 552, [2016] WLR(D) 236
Bailii, WLRD
England and Wales
Criminal Sentencing
Updated: 01 November 2021; Ref: scu.564456