Key Facts
- •Gurraj Singh Matharu appealed against his 6-year sentence for eight indictable offences and several driving offences committed between June 2019 and January 2022.
- •The offences included possession of a bladed article, drug trafficking, dangerous driving, assault occasioning actual bodily harm, and stalking.
- •There was no transcript of the sentencing hearing due to faulty equipment, hindering the appeal process.
- •The appellant's mental health, including a diagnosis of paranoid schizophrenia, was a factor considered in the sentencing.
- •The appellant pleaded guilty to the charges in November 2022 but claimed self-defense in some instances.
Legal Principles
Totality principle in sentencing.
Court of Appeal Criminal Division
Sentencing guidelines for drug trafficking, considering the role of the offender.
Court of Appeal Criminal Division
Rules regarding disqualification from driving after dangerous driving convictions, including extended tests.
Road Traffic Offences Act 1988, sections 25B, 34(3), 35A, 35B, 37(7)(b)
Needham & ors [2016] EWCA Crim 455 regarding sentencing for dangerous driving.
Needham & ors [2016] EWCA Crim 455
Outcomes
The appeal was partially allowed.
The sentence for being concerned in the supply of a Class A drug was deemed manifestly excessive due to totality considerations, mental health, and the appellant's limited involvement.
The sentence for count 5 of the first indictment was reduced from 4 years to 3 years.
This reduction accounted for totality, mental health, and a less significant role in the drug offense. A 25% discount for a guilty plea was also applied.
The overall sentence was reduced from 6 years to 5 years.
This resulted from the reduction in the sentence for count 5.
The driving disqualification was amended.
The original extension to the disqualification was deemed contrary to section 37(7)(b) RTOA 1988, and the extension was recalculated based on the reduced sentence.