Manders, R. v

A sentencing judge must address an agreed basis of plea. If the sentence proceeds on a factual premise that wholly rejects an essential part of that basis, the judge must give a clear reason for doing so. A sentence imposed without such reasoning may be excessive and should be adjusted to reflect the offender’s accepted role and knowledge.

The applicant pleaded guilty at Southwark Crown Court to conspiracy to supply cannabis. She received four years’ imprisonment after her co-accused had been tried.

Her basis of plea accepted knowledge that cannabis would be imported, but not knowledge of its quantity. It limited her role to communication with the United Kingdom shipping company. She also relied on her late involvement, a veiled threat by the organiser, limited links to the other conspirators, and the absence of proven gain.

She sought leave to appeal against sentence on the ground that the sentencing judge had disregarded that basis and treated her as acting for her own gain without explaining why.

1. Appeal allowed. The court granted leave and substituted a sentence of three years’ imprisonment for the four-year sentence.

2. The sentencing judge had stated that the applicant knowingly played a positive role for her own gain. That conclusion wholly ignored the essential basis of plea. No clear reason had been given for rejecting it.

3. The applicant necessarily appreciated that a significant importation was contemplated. However, her limited role supported the possibility that she did not know the volume of cannabis to be imported. The court found no explained basis for rejecting the core of her mitigation.

4. The substituted sentence reflected the accepted limits of her role and knowledge, together with the other mitigation advanced on her behalf.

• Court of Appeal (Criminal Division): Allowed the appeal against sentence and substituted three years’ imprisonment.
• Crown Court at Southwark: Following a guilty plea to conspiracy to supply cannabis, imposed four years’ imprisonment on 22 November 2006.