Moka Busby [2019] EWCA Crim 1131

The appellant was temporarily staying with her father having fallen out with her mother. She was staying in the living toom due to a lack of bedroom space and had an argument with the son of her father’s partner, as he wanted to watch television when she wanted to go to sleep. She spiked his drink bottle with Clonazolam and he became sleepy and lethargic, slurring his words. An ambulance was called, and the appellant admitted what she had done saying she put something in his drink to make him go to sleep, she gave the paramedics the medicine bottle so that they knew what they were dealing with. The victim didn’t suffer any permanent side effects and did not want a restraining order, he said that he did not want her to go to prison but to get some help. The appellant was sentenced to 15 months’ imprisonment, the sentencing judge did not regard it as appropriate to suspend the sentence due to the nature of the offence and the level of premeditation.

Held: the judge adopted too high a starting point, there was insufficient credit given for recognising almost immediately the seriousness of what she had done, informing her step-mother and handing the bottle to the paramedics so that the victim received the right treatment. An appropriate sentence after credit for plea was 6 months. Further, more serious consideration should have been given to suspending the sentence. The sentence was quashed, and a sentence substituted of 6 months’ imprisonment suspended for 12 months with a rehabilitation activity requirement of 20 days.