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.

Chambers news

Chambers news

Join us!

Due to significant demand across our core practice areas and our programme of strategic growth, Garden Court North Chambers is recruiting across all core practice...

Chambers news

Hillsborough tragedy 35th anniversary

Today marks 35 years since 97 people were unlawfully killed in the Hillsborough tragedy. The Hillsborough inquests demonstrated the need for more transparency by state...

Chambers news

GCN welcomes Rebecca Wright

We are delighted to announce that Rebecca Wright has joined Garden Court North Chambers today. Rebecca is an experienced barrister who will join our Family...

Chambers news

Alexa Thompson and Helen Peden begin their second six

Pupil barristers Alexa Thompson and Helen Peden are now “on their feet” after commencing the practising period of their pupillages this week. Over the past...

Sign up to our mailing list

Our mailing list is dedicated to professionals with an interest in our work.

Sign up