A sentence imposed before the Boulton guideline judgment is not automatically flawed by reason of the sentencing judge not having had the benefit of that judgment. The Boulton guideline did not change the law but merely highlighted the scope of CCOs as an expression of the longstanding parsimony principle. For commercial cultivation of cannabis at 8.5 times the commercial quantity, a substantial custodial sentence remains well within the range of a sound exercise of the sentencing discretion, notwithstanding the availability of CCOs.
The full text is available to signed-in members, including the 15 later cases that cite this judgment.
3 of the 15 citing cases carry a classified treatment. How each court treated it is available to signed-in members.