R v Jason Heath
[2024] EWCA Crim 970
R v Tommy Robinson
16 January 2024
[2024] EWCA Crim 36
Court of Appeal
A man was caught selling drugs. He pleaded guilty and the judge gave him a two-year prison sentence. The appeals court thought the judge didn't give him enough credit for being sorry, trying to get better, and having mental health issues, so they reduced his sentence to 18 months.
Key Facts
- •Appellant pleaded guilty to two counts of possession with intent to supply crack cocaine and heroin.
- •Found with 33 wraps of drugs (25 crack, 8 heroin), £210 cash, and two burner phones.
- •Appellant is 41 years old with previous convictions, but none in the last nine years or for drug supply.
- •Appellant has a history of drug abuse, attempts at rehabilitation, and suffers from schizoaffective disorder.
- •Recorder treated appellant as having a lesser role in category 3 street dealing, applying a starting point of three years.
- •Appellant showed genuine remorse and took steps to address his addiction while in custody.
Legal Principles
Sentencing for drug supply offences should consider the defendant's role, aggravating and mitigating factors.
Sentencing Guidelines (implied)
Mitigation such as remorse, steps taken to address addiction, and neurodiversity should lead to a downward adjustment from the starting point.
This case's judgment
Outcomes
Appeal against sentence allowed.
The Recorder failed to adequately reflect the mitigating factors (remorse, efforts to address addiction, neurodiversity).
Sentence reduced from two years to 18 months imprisonment on each count.
A 27-month sentence was deemed appropriate after trial, reduced to 18 months with full discount for guilty pleas.