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England and Wales Court of Appeal (Criminal Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Criminal Division) Decisions >> To, R. v [2025] EWCA Crim 275 (27 February 2025) URL: https://www.bailii.org/ew/cases/EWCA/Crim/2025/275.html Cite as: [2025] EWCA Crim 275 |
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CRIMINAL DIVISION
ON APPEAL FROM THE CROWN COURT AT BRISTOL
HIS HONOUR JUDGE JAMES PATRICK T20237028
Strand London WC2A 2LL |
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B e f o r e :
MR JUSTICE MARTIN SPENCER
RECORDER OF COVENTY
(His Honour Judge Lockhart KC)
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Crown Copyright ©
MR JUSTICE MARTIN SPENCER:
A further count to which he had pleaded not guilty, namely possessing a controlled drug of Class A (MDMA) with intent to supply, was ordered to lie on the file. In respect of the counts to which he pleaded guilty, the Appellant was sentenced as follows:
giving a total of 16 years' imprisonment.
"A defendant who takes part in a conspiracy supports the overall enterprise. The amount with which the defendant is personally and directly involved is of lesser relevance.
The assessment of harm must also take account not only of the quantities with which the conspirator actually dealt, but also of what the conspirators intended or foresaw. That is particularly significant when a conspiracy is brought to an end by police action. Such a conspiracy is usually intended to continue into the future."
The learned judge rightly considered that this encapsulated the Appellant's criminality, saying: "But for the very effective police action, this conspiracy would have continued into the future."
Discussion
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