R. v Steven Orrin

For possession of ecstasy, the sentence must reflect the established sentencing range, the offender’s personal circumstances and the risks created by the quantity and setting of the offence. Custody may be appropriate where the offender has relevant previous convictions and possesses a substantial number of tablets among young people, despite an absence of intent to supply. However, those aggravating features did not justify a sentence outside the applicable range after a guilty plea.

The appellant pleaded guilty at Norwich Crown Court to possession of 32½ ecstasy tablets. He was sentenced to 18 months’ imprisonment. The tablets were found in his pocket at a university disco. He maintained that they were for personal use, although the court recognised the risk that they might reach other young people.

He had a history of alcohol and drug misuse and previous drug-related convictions. On appeal, he accepted that custody was appropriate but contended that 18 months’ imprisonment was excessive following his guilty plea.

1. Appeal allowed as to sentence. The court held that immediate custody was appropriate. The appellant had relevant previous convictions and possessed a relatively large number of ecstasy tablets at a university event attended by young people. Although he was to be sentenced on the basis that he had no intention to supply, there was an evident risk that tablets could pass to others.

2. The sentence nevertheless had to remain within the appropriate range for possession of ecstasy. Having regard in particular to Lutzo (1989) 11 Cr.App.R (S) 495, the court accepted that 18 months’ imprisonment was outside that range, even allowing for the increased appreciation of ecstasy’s dangers and the appellant’s guilty plea.

3. A sentence of six to eight months would not adequately reflect the circumstances. The proper sentence was 10 months’ imprisonment, substituted for the 18-month sentence imposed below.

• Court of Appeal (Criminal Division): sentence appeal allowed; 18 months’ imprisonment reduced to 10 months.

• Norwich Crown Court: following a guilty plea to possession of ecstasy, the appellant was sentenced on 1 October 2004 to 18 months’ imprisonment.