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R v Sophie Thompson

[2024] EWCA Crim 1038
Sophie Thompson was jailed for drug dealing. The appeals court thought her sentence was too long because she was a new mum and hadn't played the biggest part in the crime. They reduced her jail time from 38 months to 30 months. The case emphasizes that judges should think about a prisoner's family when deciding on a sentence.

Key Facts

  • Sophie Thompson (appellant), aged 25, pleaded guilty to five counts related to Class A drug offences in a West London operation ('the T Line').
  • The offences occurred between September and November 2023.
  • Thompson's involvement stemmed from a debt to a former partner, who threatened her.
  • Drugs and cash were found at her home and at the location of her arrest.
  • Thompson had previous convictions for violence and drug possession.
  • She gave birth shortly before sentencing.
  • Her co-defendant, Cardell Hyman, received a slightly longer sentence.

Legal Principles

Sentencing guidelines for drug trafficking offences, considering harm category and culpability (role).

Sentencing Guidelines

Consideration of mitigating circumstances in sentencing, particularly the impact on a new mother and her child.

R v Petherick [2012] EWCA Crim 2214

Proportionality of sentence in relation to the legitimate aims of sentencing and the impact on family life.

R v Petherick [2012] EWCA Crim 2214

Outcomes

The appeal was allowed.

The Court of Appeal found that the Recorder erred in categorising Thompson's culpability and in not giving sufficient weight to her mitigating circumstances, particularly her status as a new mother. The original sentence was deemed disproportionate.

The 38-month sentence was quashed.

The Court reduced the sentence to reflect a lesser role in the drug operation and gave greater weight to mitigating factors.

30-month concurrent sentences were substituted for counts 1, 2, and 7.

This reflects the court's revised assessment of the appellant's culpability and mitigating circumstances.

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