Sentencing Guidelines - Drug Offences
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King v Luong Bui
Application to appeal sentence – cultivation of cannabis – abstracting electricity – assisting unlawful immigration – perverting the course of justice – three cannabis factories – strategic control of substantial, sophisticated and highly profitable enterprise – whether sentence for cannabis factory counts too high – whether three year consecutive sentence on top of already stiff sentence manifestly excessive – totality – deterrent sentence of 12 years appropriate – proper global sentence 13 years – leave granted – appeal allowed – sentence perverting the course of justice reduced to 1 year consecutive to other counts – total custodial sentence 13 years
Queen v Daniel Raymond Dunlop
appeal against sentence - supply of a Class A and Class B drugs (cocaine) contrary to section 4(3)(b) of the Misuse of Drugs Act 1971 - substantial criminal record of 61 previous convictions, three relate to possession of drugs (cannabis) - delay - approach adopted and weight accorded by the sentencing judge to the factor of the appellant’s rehabilitation were erroneous in law - appeal allowed
R v Hughes, Hughes and Hughes. (DPP References 1,2,3 and 4 of 2015)
DPP reference – Possession of class A/B drugs with intent to supply – significant quantities of class A with high value – 3 defendants – determinate sentences of 5 yrs., 4 yrs., and 3 yrs. (6 custody plus 2½ on licence) – unduly lenient – substituted with 6½ yrs., 5 yrs., and 2yrs. (12 month plus 12 months) – earlier NI guidelines affirmed.
R v Gary McKeown; DPP Ref (No 2 of 2013) and R v Han Lin
Appeal against sentence and DPP's Reference - review of authorities on supply and production of drugs - consideration of definitive guideline from England & Wales - guideline deemed useful for aggravating and mitigating factors and serious/culpability - less applicable however in this jurisdiction on starting points and ranges where flexibility required - different approach needed for very large quantities - R v. McIlwaine  NICA reaffirmed in this regard.
R v Ming Chen
Possession of Class B drugs – intent to supply and possession of criminal property – cannabis – sentencer entitled to have regard to surrounding circumstances especially cultivation.
David Cyril Dawson, Jerome Campbell and Darren Martin, Attorney General's Reference (No 8 of 2004) (AG Ref 11,12 & 13 of 2004)
Reference by AG - whether sentences unduly lenient - drugs offences - Misuse of Drugs Act 1971 - importation of drugs into Northern Ireland - substantial quantity of drugs - intention of Judge to pass non-custodial sentence - failure of the prosecution to inform the judge of relevant authorities - application refused.
Richard Herbert Crowe - Attorney General's Reference (No 5 of 2003)
Reference by AG of sentence as unduly lenient – 3 years’ probation concurrent with earlier equivalent sentence for similar offending – possession/possession with intent to supply Class A & B drugs – unusual circumstances for ‘supply’ – offender responding well to addiction treatment on probation - sentence lenient but not unduly so.
R v Patrick Joseph Murdock
R v David Thomas McIlwaine
Possession and supply of cannabis - judicial response to growing amount of cannabis circulating in jurisdiction.
R v John Joseph Conlon
Drugs - possession and supply of cannabis - Mitigating factors - dealing on small scale - encouragement to rehabilitation of offender.
R v Stalford and O'Neill
Appeal against sentence - possession with intent to supply - ecstasy - value and quantity of drugs seized - age, background and addiction of appellants.
R v Gallagher and Mullan
Appeal against sentence - possession of ecstasy and cannabis with intent to supply - couriers.
R v Haveron, Millar, Harris and McCrystal
Application for leave to appeal against sentence - possession with intent to supply Class A and Class B Drugs - couriers.
R v Hogg & others
Appeal against sentence - possession and supply of Class A and Class B drugs.