Mark Robinson, instructed by Amosu Robinshaw Solicitors, successfully appeals his client’s sentence in the Court of Appeal.
The defendant was given a 20-month custodial sentence for Possession with Intent to Supply Class B (cannabis) at Basildon Crown Court in August. The defendant had been remanded in custody since December 2020 and entered a guilty plea in April of 2021, one month after his PTPH.
Mark submitted that the starting point for PWITS Class B, for street dealing in Category 3, significant role was 12 months. The sentencing Judge, without any justification, made an upward adjustment of 23 months, reducing the sentence by 15% to 20 months for an early guilty plea, but failed to take into account the factors reducing seriousness and personal mitigation. There were no statutory aggravating factors, such as relevant previous convictions, to justify such an uplift.
Mark submitted that the herbal cannabis found weighed less than 20 grams and the cannabis sweets weighed 107 grams, with a combined street value of £210 and that the Judge had not considered this properly.
The Court of Appeal found the sentence to be manifestly excessive, quashed the original 20-month sentence and replaced it with a 44-week sentence.