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Ann Mulligan successful in Appealing sentence on behalf of 77 year old Disabled Grandmother convicted of Cocaine Smuggling

On Thursday 15th January 2009 the Court of Appeal confirmed that age and poor health are indeed factors for which allowance should be made in the sentencing process. [AR] was convicted on 26th September 2008 in the Crown Court in Canterbury, before Her Honour Judge Williams and a jury of an offence of importation of a Class A drug (cocaine). On 6th October she was sentenced to 13 years' imprisonment. Her daughter [PC] was a co-defendant and had pleaded guilty at an earlier hearing. She was sentenced to 14 years imprisonment.

The Court of Appeal accepted Ann Mulligan's submission that the sentence was wrong in principle and/or manifestly excessive because insufficient credit had been given for the Appellant's personal mitigation. In particular it was submitted that her age and ill health should have been given greater weight. The Appellant suffered from asthma, hypertension, diabetes and osteoarthritis and was dependent upon a cocktail of medicines. She had suffered a stroke in 2006 and was registered disabled. She walked with some difficulty and used a stick.

Lord Justice Toulson in giving the judgment of the court stated as follows :

"The case establishes that regard must be had to the risk that, owing to age and ill health, the offender may become ill or die in prison. It is not a risk that can be avoided, but it is one to be taken into account.... ....... We have concluded in this case that the judge made insufficient allowance for the age and poor health of this appellant. There is still room in the sentencing process for the exercise of some modicum of mercy."

The sentence of 13 years imprisonment was reduced to 10 years imprisonment.

5 March 2009

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