[2013] EWCA Crim 950

A judge had erred in imposing a sentence of four years' imprisonment on an offender who had pleaded guilty to possession of a Class A drug with intent to supply while on licence for another offence. It was contrary to the Criminal Justice Act 2003 s.153(2) to impose a concurrent sentence which would be otherwise disproportionate to the most recent offence so as to ensure that the offender, who was identified as having a "borderline lesser role", served a period in custody over and above the remainder of the licence period in respect of the earlier offence.

CA (Crim Div) (Davis LJ, King J, Judge Melbourne Inman QC)

15/05/2013