A defendant was convicted of a repeat offence of dealing in Class A drugs. The minimum term to be applied was seven years. However, in this case the defendant’s previous conviction had been dealt with by way of a probation order, and that alone was a sufficient ‘particular circumstance’ which would operate to allow a judge to assess whether the minimum sentence would be an injustice. In this case it would be an injustice, and sentences of three years were substituted.
Citations:
Times 11-Apr-2000
Statutes:
Crime (Sentences) Act 1997, Crime and Disorder Act 1998
Criminal Sentencing
Updated: 15 May 2022; Ref: scu.85570
