The aggravating and mitigating factors
45. It is accepted by the Crown that the firearms were never used. If they had been, it would have been wholly wrong to have passed a concurrent sentence. The Attorney did not challenge the decision to pass concurrent sentences or the Goodyear indication; we therefore say nothing about that issue, but the fact we do not should not be seen as any form of precedent. 46. In relation to both offenders, the Attorney General points to the following aggravating features. First, two serious offences were committed. There was a very large-scale production of cocaine in the factory premises to which we have referred; there was the presence of firearms. This was a well-organised and sophisticated operation. There is no doubt as to the roles that Hogg and Rolls played. Nor is there any doubt that it was a profitable organisation on a large commercial scale. It had been subject to a degree of planning and permanence. 47. The only mitigation were the offenders' pleas of guilty which were tendered at an early stage, the fact that Hogg had a diagnosis of being suggestible and that threats had been made against him since his arrest. 48. In approaching this matter we have had regard to the well-known authorities of
- Mr Q Hawkins
- Introduction
- The offences
- Goodyear
- The preparation of the reference
- R v Padoan and Smith
- The Judge’s sentencing remarks
- The basic submissions of the Attorney General
- The basic facts
- The approach to Rolls’ basis of plea : “gainsay”
- gainsay
- R v Underwood
- gainsaid”
- Newton
- The aggravating and mitigating factors
- R v Aramah
- R v Aranguren and Others
- Whiteway
- The appeal of Roach
