Hastings & Daroux [2019] EWCA Crim 1698

The Solicitor General seeks to refer sentences on the ground they were unduly lenient. Daroux pleaded guilty to conspiracy to supply cocaine and heroin and was sentenced to 57 months’ imprisonment. Hastings pleaded guilty to possessing cannabis as well as the two conspiracies and was sentenced to 24 months’ imprisonment suspended for 2 years with unpaid work and a rehabilitation activity.

Held: there can be no doubt at all that both sentences are very lenient. The question is whether they are unduly lenient such that the Court should interfere. The judge gave reasons explaining why he did what he did, to the extent that he departed from the guideline he explained why he had done so. Bearing in mind all the circumstances the Court was not minded to style the sentence as unduly lenient such that the Court should interfere.