R v Matthew Wharlow & Anor
[2023] EWCA Crim 1613
R v Ashley Hook & Anor
2 May 2024
[2024] EWCA Crim 621
Court of Appeal
Two men were convicted for their parts in a big drug operation. One man's sentence was reduced because the judge made a mistake in how he combined the sentences. The other man's sentence wasn't changed because the judge made the right decision the first time.
Key Facts
- •Hook convicted of conspiracy to supply Class A drugs (Count 1) and conspiracy to transfer criminal property (Count 4).
- •Sirrell convicted of conspiracy to supply Class A drugs (Count 2).
- •Hook sentenced to 13 years (10.5 years for Count 1 and 2.5 years consecutive for Count 4).
- •Sirrell sentenced to 15 years.
- •Case involved two linked organised crime groups (OCGs) supplying cocaine and heroin.
- •Hook was a courier for an upstream supplier, making deliveries and collecting money.
- •Sirrell worked with a middleman, arranging supply from upstream suppliers to the Eastwood OCG.
- •Sentencing considered roles, quantities of drugs, use of EncroChat, and mitigating factors.
Legal Principles
Totality principle in sentencing.
R v Cooper, Park and Fletcher [2023] EWCA Crim 945, [2024] 1 Cr. App. R. (S.) 14, paragraphs [8]-[12]
Sentencing guidelines for drug trafficking and money laundering.
Sentencing Council’s guideline on totality, drugs guideline, money laundering guideline
Considerations for determining a defendant's role in a conspiracy (leading, significant, lesser).
Case law and sentencing guidelines.
Outcomes
Hook's appeal allowed.
Double counting in sentencing; consecutive sentences for closely linked conspiracies were disproportionate; concurrent sentences warranted.
Sirrell's application for leave to appeal and extension of time refused.
Judge's assessment of Sirrell's leading role justified; no disparity with other co-defendants; sentence not manifestly excessive.