R v Mark Guri
[2024] EWCA Crim 1208
R v Erjon Xhaferi
16 August 2024
[2024] EWCA Crim 1039
Court of Appeal
A man was given a long sentence for helping grow cannabis. The judge didn't think enough about the things that spoke in his favour (like being young and having no bad record), and thought too much about the bad things. The appeal court made the sentence shorter because the judge hadn't been fair.
Key Facts
- •Appellant sentenced to 23 months' imprisonment (22 months for producing Class B drugs, 1 month consecutive for failing to surrender).
- •Cannabis production on a commercial scale (approx. 100 plants, estimated street value £70,000).
- •Appellant's role: claimed to be a cannabis gardener under duress to repay a debt.
- •Appellant pleaded guilty to production after the Crown's case was presented, and to failure to surrender earlier.
- •Appellant was 23 at the time of the offence, 25 at sentencing; of previous good character.
- •Judge placed the offence in harm category 2, with a starting point of 12 months (range 26 weeks - 3 years).
- •Judge considered the ongoing nature of the operation and possible unlawful access to utilities as aggravating factors.
- •Judge did not explicitly address mitigating factors (youth, good character, remorse).
Legal Principles
Sentencing guidelines for drug production offences.
Sentencing Council guideline
Consideration of aggravating and mitigating factors in sentencing.
Sentencing Council guideline
Appropriate weight must be given to mitigating factors.
Case law (implied)
Outcomes
Appeal allowed.
The sentence of 22 months' imprisonment was manifestly excessive. The judge erred in positioning the case within the guideline range, failing to give sufficient weight to mitigating factors and overemphasizing aggravating factors.
Sentence of 22 months' imprisonment quashed.
The court substituted a sentence of 16 months' imprisonment.