Key Facts
- •Craig Simpson convicted of encouraging/assisting commission of offences (believing one or more would be committed) under s.46 Serious Crime Act 2007.
- •Involved in a cocaine smuggling operation (Jan-June 2017): collected crates from Manchester Airport using false name, access to tracking information.
- •Five deliveries of ~40kg cocaine each; Simpson acted as a buffer between higher-ups and customers.
- •Acquitted of knowingly being concerned in cocaine importation (Count 1).
- •Sentenced to 8 years imprisonment.
- •Appellant had 26 previous convictions, including drug offences.
- •Spent 4 years unlawfully at large in Spain before extradition.
Legal Principles
Section 46 Serious Crime Act 2007: Encouraging/assisting offences believing one or more will be committed. It's immaterial which specific offence is believed to be assisted.
Serious Crime Act 2007, sections 46 and 47
Section 58 Serious Crime Act 2007: Maximum penalty for s.46 offence is that of the most serious reference offence, even if the offender doesn't know which specific offence will be committed.
Serious Crime Act 2007, section 58
Sentencing for s.46 offences should consider guidelines for the most serious potential offence and other potentially relevant offences. The culpability may be lower if the defendant believed they were assisting in a less serious crime.
R v Rowlands [2020] 1 Cr.App.R (S) 31
When sentencing under s.46, the court can consider sentencing guidelines for drug offences and revenue offences. The court should account for the acquitted charge in determining culpability.
R v Sadique [2013] 2 Cr.App.R 31 and this case's judgment
Outcomes
Appeal against sentence dismissed.
The 8-year sentence was not manifestly excessive considering the scale of the operation, Simpson's significant role, previous convictions, and the lack of substantial mitigation. The judge appropriately considered drug and revenue offence guidelines, acknowledging the acquittal on the cocaine importation charge.