Court of Appeal Substitutes Harsh Sentence with Suspended Sentence in Drug-Related Offence Appeal

Citation: [2023] EWCA Crim 1514
Judgment on


The case of R v Lamar Barley [2023] EWCA Crim 1514 involves an appeal against a sentence in a drug-related offence. Key issues examined in the appeal included appropriate punishment for Class A drug offences, the potential for suspension of sentences, and the impact of incarceration on the rehabilitation of young offenders with a troubled background. This article analyzes the relevant legal principles and the rationale used by the Court of Appeal in reaching its decision to substitute the original sentence with a suspended one.

Key Facts

Lamar Barley, the appellant, pleaded guilty to possession with intent to supply heroin and being concerned in the supply of cannabis. Despite mitigating factors such as a troubled childhood, the absence of previous convictions, and coping with a domestically unstable and drug-affected family environment, the initial sentence was a 2-year detention in a young offenders institution without suspension. The appellant was 18 at the time of the offence and had already shown signs of rehabilitation, including full-time employment and a positive personal relationship.

The central legal principle explored in this appeal relates to the Imposition of Community and Custodial Sentences Guidelines, which dictate the factors to consider when determining whether a sentence should be suspended. The appellant’s circumstances and background, as well as the nature of the offences, brought into focus the balance between the seriousness of the crime and the potential for rehabilitation and the likelihood of re-offending.

The appeal also makes reference to R v Ali [2023] EWCA Crim 232, regarding the state of prison conditions and their potential to detract from the rehabilitation process, further supporting the argument for a suspended sentence.


The Court of Appeal, acknowledging the strength of the appeal’s submissions, overturned the original sentence on the grounds that it was overly harsh considering all relevant factors. The substituted sentence was a 2-year detention suspended for 18 months, with additional requirements of 100 hours of unpaid work and a 10-day rehabilitation activity. The decision reflects the appellate court’s agreement with the argument that immediate incarceration for this young individual, given his background and demonstrated rehabilitation efforts, would do more harm than good.


In R v Lamar Barley, the Court of Appeal exercised its discretion to re-evaluate the balance between punishment and rehabilitation. The judgment reinforces the principle that not all Class A drugs offences must result in immediate custodial sentences, particularly for young offenders with positive rehabilitation prospects. Furthermore, the Court’s decision illustrates the importance of considering the impacts of imprisonment on an offender’s future and the wider interests of justice. The case sets a precedent for taking a more rehabilitative approach to sentencing in circumstances where the offender shows promise of reformation and where immediate custody would likely hinder rather than help their rehabilitation.

Related Summaries