The Court of Appeal reduced Peng Fei He’s sentence for a cannabis offence from eight years to six, finding that the original 12-year headline sentence was too severe.
In a judgment delivered on 30 November 2017, the court quashed the sentence imposed by the sentencing judge and resentenced He to six years’ imprisonment. It suspended the final 18 months on the same conditions as before. The judgment does not restate those conditions.
He had pleaded guilty to an offence under section 15A of the Misuse of Drugs Act 1977, as amended. Other counts on the indictment were taken into consideration. The original sentence was eight years, with the final two years suspended for two years, and was backdated to 13 November 2015, when He was taken into custody.
The case arose from two packages of cannabis sent from Spain by DHL to different addresses in Dublin. Customs intercepted them on 11 November 2015. Three days later, He received one package outside its intended address and put it in his car boot; he was arrested shortly afterwards. The second package was not delivered. The judgment says He later admitted ordering both packages and selecting delivery locations after checking the premises were empty.
The packages contained 3.53kg and 3.565kg of cannabis, valued at €70,620 and €71,300 respectively. The sentencing judge treated the offending as mid-range, identified a 12-year headline sentence before mitigation, and imposed eight years with two suspended. The judge found exceptional circumstances making the 10-year mandatory minimum unjust.
On appeal, He argued that the headline sentence was too high and that his early guilty plea, admissions, limited role and financial gain, personal circumstances and prison conduct warranted a greater reduction. The prosecution argued that the 12-year headline sentence reflected the scale and planning of the offence, and that the final sentence was proportionate.
The appeal court agreed with the sentencing judge’s analysis and treatment of the mitigating factors, but found error in the headline sentence. Comparing the case with a decision involving drugs valued at almost ten times as much, the court set the headline sentence at nine years. Applying the same mitigating factors, along with favourable reports provided to the appeal court, it set the sentence at six years. It also found exceptional circumstances making the mandatory minimum unjust and said He’s positive conduct in prison had continued since the original sentencing.