R v Bruno Lepuri
[2024] EWCA Crim 1295
R v Babak Rasouli
9 February 2023
[2023] EWCA Crim 229
Court of Appeal
The judge gave the man a slightly longer prison sentence than she meant to because of a math mistake when she took off some time for him pleading guilty. The appeal court fixed the mistake and gave him a shorter sentence.
Key Facts
- •Appellant pleaded guilty to possession of class B drugs (magistrates' court) and five further drug offences (Crown Court): three counts of supplying class A drugs (methylamphetamine), one count of supplying class C drugs (GHB), and one count of possessing class A drugs (cocaine).
- •A further count of possession of class A drugs with intent to supply was left on the file.
- •Sentenced to 42 months' imprisonment (3.5 years) with concurrent sentences for other counts.
- •Appeal against sentence based on insufficient credit for guilty plea.
- •Judge's notional sentence after trial was four years' imprisonment.
- •Judge gave 25% credit for guilty plea, resulting in a sentence calculation error.
Legal Principles
Appropriate credit for guilty plea must be applied.
Implicit in sentencing guidelines and case law.
Outcomes
Appeal allowed; sentence reduced.
The judge made a mathematical error in calculating the sentence after applying the 25% discount for the guilty plea. The correct sentence, applying the judge's own approach, was 3 years (36 months).