Addow, R v

An appellate court will refuse leave to appeal sentence where the individual terms and overall sentence are just and proportionate, the sentencing judge has addressed totality, and the sentence is not arguably manifestly excessive. Relevant mitigation, including youth and a first custodial sentence, may be outweighed by aggravating features such as high drug purity, a poor record and offending while subject to a community order.

The applicant pleaded guilty in the Crown Court at Manchester to two offences of offering to supply and supplying a Class A controlled drug, contrary to section 4(3)(a) of the Misuse of Drugs Act 1971. The offences involved purported and actual sales of cocaine to an undercover officer.

He received consecutive terms of two years, totalling four years after full credit for guilty pleas. He renewed his application for leave to appeal sentence, relying on his age, the small quantity supplied, the absence of a prior supply conviction, his first custodial sentence, and totality. The central issue was whether the four-year sentence was manifestly excessive.

1. The renewed application for leave to appeal sentence was refused. The court agreed with the single judge that the sentence was not arguably other than just and proportionate, nor arguably manifestly excessive.

2. The offences fell within category 3, significant role, under the applicable Sentencing Council Guideline. The judge was entitled to conclude that each offence merited three years’ custody before credit for plea, producing a total of six years before the full reduction for the early guilty pleas.

3. The applicant’s age and the effects of an accident afforded mitigation. However, the high purity of the cocaine, his poor drug-related record, and commission of the offences while subject to a community order were aggravating features. The sentencing judge had specifically considered totality.

4. The court directed two administrative corrections. Because of the applicant’s age, the sentence should be recorded as detention in a youth offending institution, rather than a custodial sentence. The victim surcharge order should be recorded as £170.

• Court of Appeal (Criminal Division): renewed application for leave to appeal sentence refused; administrative corrections directed to the form of sentence and victim surcharge.
• Crown Court at Manchester: following guilty pleas, imposed consecutive two-year terms, totalling four years after full credit for guilty pleas.