R v Jason Heath
[2024] EWCA Crim 970
R v Leonard Andrew Delapehna
16 February 2024
[2024] EWCA Crim 204
Court of Appeal
A man was sentenced to 10 years in prison for smuggling drugs. The appeal court thought that was too long, considering his age, poor health, and the time it took to get to trial. They reduced his sentence to 8 years.
Key Facts
- •Leonard Andrew Delapehna (appellant) convicted of fraudulent evasion of a prohibition (s. 170(2) Customs and Excise Management Act 1979).
- •Appellant stopped at Gatwick Airport with 3.99kg of cocaine (70% purity).
- •Appellant had 15 previous convictions (mostly from youth/early adulthood), including 3 for possession of Class B drugs.
- •Sentenced to 10 years' imprisonment.
- •Appellant appealed against sentence due to the excessive sentence and insufficient weight given to mitigating circumstances.
- •Appellant's age (61), ill health (chronic obstructive pulmonary disease, severe emphysema), and a three-year delay in proceedings were mitigating factors.
Legal Principles
Sentencing guidelines for drug trafficking offences under the Customs and Excise Management Act 1979 and Sentencing Act 2020.
Sentencing Guidelines; R v Boakye [2013] 1 Cr App R(S) 2
Adjusting starting points within sentencing guidelines is an evaluative judgment, not a rigid mathematical exercise.
R v Boakye [2013] 1 Cr App R(S) 2 (as interpreted by the court)
Mitigating circumstances, such as age and ill health, must be considered when determining an appropriate sentence.
Implicit in the judgment; general sentencing principles.
Outcomes
Appeal allowed in part.
The 10-year sentence was manifestly excessive due to an overestimation of the starting point and insufficient consideration of mitigating circumstances.
10-year sentence quashed.
The court considered a starting point of 9 years appropriate, further reduced to 8 years to account for mitigating factors (age, health, delay).
8-year sentence substituted.
Reflects the seriousness of the offense while acknowledging the appellant's mitigating circumstances.