Sentencing Guidelines - Drug Offences
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.
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.
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.
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.
Possession and supply of cannabis - judicial response to growing amount of cannabis circulating in jurisdiction.
Drugs - possession and supply of cannabis - Mitigating factors - dealing on small scale - encouragement to rehabilitation of offender.
Appeal against sentence - possession with intent to supply - ecstasy - value and quantity of drugs seized - age, background and addiction of appellants.
Appeal against sentence - possession of ecstasy and cannabis with intent to supply - couriers.
Application for leave to appeal against sentence - possession with intent to supply Class A and Class B Drugs - couriers.
Appeal against sentence - possession and supply of Class A and Class B drugs.