MITIGATION

[2018] EWCA Crim 2221 [2018] EWCA Crim 2221

A judge had not been justified in attributing a leading role in the intended supply of drugs to an offender convicted of possession with intent to supply a Class A drug where there was no evidence to suggest such a significant role. His serious medical condition and its impact on him constituted an exceptional circumstance which justified reducing his sentence.

[2018] EWCA Crim 875 [2018] EWCA Crim 875

When refusing permission to appeal against a sentence imposed following an offender’s committal for sentence in respect of drug offences, the court considered issues in relation to the appropriate obtaining of a pre-sentence report and the respective roles of legal representatives and the Probation Service in providing information to assist the judge in the sentencing exercise.

[2018] EWCA Crim 875 [2018] EWCA Crim 875

When refusing permission to appeal against a sentence imposed following an offender’s committal for sentence in respect of drug offences, the court considered issues in relation to the appropriate obtaining of a pre-sentence report and the respective roles of legal representatives and the Probation Service in providing information to assist the judge in the sentencing exercise.

Immediate custodial sentences of three months’ imprisonment were appropriate for two men who made false witness statements and misled a trial judge as to the independence of an important witness to a road traffic accident. But for the substantial mitigation put forward, the sentences would have been six months.

[2018] EWCA Crim 357 [2018] EWCA Crim 357

The court reduced a sentence of detention for a young offender who had pleaded guilty to aggravated burglary, as the strict application of the sentencing guidelines, when weighed against an analysis of culpability and harm and the extensive personal mitigation, had resulted in a sentence which was contrary to the interests of justice.