Leave was granted by the Single Judge, who ordered an expedited hearing before the Full Court. Gabriella successfully argued that the sentence of 38 months’ imprisonment, imposed for class A drug supply offences, was manifestly excessive and the sentence was reduced to 30 months.

The Appellant pleaded guilty on an agreed basis to a number of counts of class A drug supply. At the time of her plea she was heavily pregnant and despite two applications having been made for a pre-sentence report to account for the impact on her child, the Court refused to order one. 

The Court of Appeal accepted submissions that the sentencing judge adopted too high a starting point, giving too much weight to the Appellant’s dissimilar previous convictions and insufficient weight to lesser culpability features. It was argued successfully that the sentencing court had failed to impose a downward adjustment to account for the Appellant’s mitigation and in particular that of her being a new mother, her having given birth whilst in custody just a month before sentence.

Gabriella was instructed by Debbie Rodaway of IBB Law.