Sentence reduced where the defendant’s serious health problems were further exacerbated by delays in the proceedings

23 November 2015

In R v Garvey (Criminal Court of Appeal 17/11/15), a sentence appeal referred directly to the full court by the Registrar, the Court of Appeal last granted leave and reduced the Appellant’s sentence where their serious health problems were further exacerbated by delays in the proceedings. Garden Court North Chambers’ Nina Grahame appeared for the Appellant.

On an expedited appeal against sentence, referred directly to the full court by the Registrar, the Court of Appeal granted leave and reduced the Appellant’s sentence of imprisonment to one of 2 years imprisonment.

The 72 year old Appellant had pleaded guilty at the earliest  opportunity to production of cannabis. He was a Director of the company that owned a disused industrial premises in Manchester where a sophisticated cannabis “factory” was discovered containing hundreds of plants.

Sentenced as playing a “significant, even leading, role” in the enterprise, the  sentencing hearing was delayed for over 2 years by developments in the case not caused by this Appellant.

He and his close family all suffered from a number of serious physical and mental health problems, with significant deterioration being reported during the lengthy proceedings.

The CCA acceded to submissions that these serious and deteriorating health problems in the context of the delays warranted “a significant reduction from the starting point that would usually apply to someone not suffering in that way”.

The case was reported by the Manchester Evening News on 19 November 2015: Businessman who turned to growing cannabis has three-year jail term slashed.