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Christopher Kirkby v R

[2023] EWCA Crim 1293
Kirkby was the boss of a huge drug ring making and selling millions of Xanax pills. He got a long sentence because he was already on bail for other drug crimes and tried to hide evidence. Even though his friends got shorter sentences, the judge thought his was fair because he was the main person responsible.

Key Facts

  • Christopher Kirkby (appellant) was sentenced to 9 years and 6 months imprisonment for two conspiracies to supply alprazolam (Xanax) and converting criminal property.
  • The conspiracies involved an organised crime group (OCG) producing and distributing over 6.8 million alprazolam pills (street value £20 million).
  • Kirkby had a leading role in the OCG, using his gym business as a cover.
  • The OCG operated on the clearnet and darknet, laundering money through cryptocurrency.
  • Kirkby was also involved in a separate steroid conspiracy (2012-2016), for which he received a 40-month sentence.
  • Kirkby's guilty pleas came late in the proceedings.
  • Co-defendants Ward and Durden received significantly shorter sentences.

Legal Principles

Sentencing guidelines for drug trafficking, considering quantity, role, and aggravating factors.

Sentencing Guidelines

Principle of totality in sentencing, ensuring the overall sentence is just and proportionate.

Sentencing principles

Considerations for guilty pleas in sentencing, including timing of the plea.

Sentencing principles

Outcomes

Appeal dismissed.

The court found the sentence was not manifestly excessive, considering the appellant's leading role, the large quantity of drugs, aggravating factors (previous convictions, being on bail, concealing evidence), and the principle of totality.

Disparity argument rejected.

Significant differences existed between the appellant and co-defendants regarding their roles, criminal records, and mitigating factors. The judge was entitled to consider the appellant's role as the most senior in the OCG.

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