Key Facts
- •BXF appealed his sentence for conspiracy to supply Class A drugs (cocaine and heroin).
- •He received concurrent nine-year, six-month sentences on each count.
- •The case involved a large number of defendants in a complex drug trafficking operation.
- •Evidence was obtained from EncroChat devices.
- •BXF's role involved supplying drugs to a co-accused and using a courier.
- •BXF had previous convictions for drug offences, including supplying Class A drugs, triggering a minimum seven-year sentence.
- •Confidential information regarding BXF's assistance to the police was considered in sentencing.
- •The judge did not hold a Newton hearing.
- •The appeal challenged the sufficiency of credit for guilty pleas and the weight given to mitigation.
Legal Principles
Open justice principle may be departed from to protect the appellant's safety.
This case
Sentencing principles in R v Royle [2023] EWCA Crim 1311 (especially [29]-[34]) regarding confidential information provided to police.
R v Royle [2023] EWCA Crim 1311
Minimum sentence provisions of section 313 of the Sentencing Code.
Sentencing Code
Appeals against sentence generally review the sentence based on information before the lower court, not re-sentencing with new information.
This case
Outcomes
Appeal dismissed.
The court found the judge appropriately considered the credit for guilty pleas, the mitigation (including confidential information), and the overall seriousness of the offences. The additional mitigation presented on appeal was deemed of little weight and not a basis for re-sentencing.