Hattersley, Marcus

Marcus Hattersley was convicted in July 2002 of conspiracy to produce a Class B controlled drug (cannabis) and received a sentence of seven years’ imprisonment.

The CCRC received an application for review of Mr Hattersley’s sentence in November 2003.

Mr Hattersley and one of his co-defendants, Mr Taylor, had each been sentenced to seven years’ imprisonment. Another co-defendant, Mr Doman, was sentenced to eight years’ imprisonment.

The judge made it clear in his sentencing remarks that he regarded the three men as “indistinguishable in terms of their culpability” and that the higher sentence had been passed on Mr Doman because he did not have “the mitigating factors that are available to Mr Hattersley and indeed Mr Taylor”.

It was apparent in the context that this disparity was because Mr Hattersley and Mr Taylor were treated as being of good character, whereas Mr Doman had recent convictions.

Mr Hattersley and Mr Taylor twice applied to the CCRC, the second applications being made after Mr Doman had his sentence reduced on appeal from eight years to seven.

It was submitted that as a result of the reduction in Mr Doman’s sentence, Mr Hattersley and Mr Taylor had “lost” their discount for good character.

Following review, the CCRC concluded that the effect of Mr Doman’s sentence reduction was an unfair disparity in sentencing between co-defendants because it failed to reflect the differences between “bad” and “good” character that the sentencing judge had allowed.

The CCRC referred the sentence in June 2004.

The Court of Appeal reduced the sentence in December 2004.