R v Mark Guri
[2024] EWCA Crim 1208
R v Damilola Ogundeyin
14 June 2024
[2024] EWCA Crim 742
Court of Appeal
A man was sentenced to nine years in prison for drug dealing. He appealed, arguing his role was smaller than the judge said. The appeals court agreed, reducing his sentence to seven years. They said the evidence showed he was more of a courier than a major player in the drug operation.
Key Facts
- •Damilola Ogundeyin was sentenced to nine years' imprisonment for supplying 3kg of high-purity cocaine.
- •He was convicted after a trial where he claimed he was unaware of the contents of a package he transported.
- •The sentencing judge considered his prior conviction for false imprisonment, GBH with intent, and causing sexual activity without consent.
- •The appeal challenged the sentencing judge's assessment of Ogundeyin's role as 'significant' rather than 'lesser'.
- •The appeal also challenged the weight given to his prior convictions and the lack of credit for mitigation.
Legal Principles
Sentencing guidelines for drug trafficking, considering the role of the offender (significant vs. lesser).
Sentencing Council guidelines
Consideration of prior convictions in sentencing.
Not explicitly stated, but implied.
Application of Criminal Procedure Rule 36.4 for extensions of time to appeal.
Criminal Procedure Rule 36.4
Outcomes
Appeal allowed in part.
The Court of Appeal found that Ogundeyin's role was 'lesser' rather than 'significant', based on the evidence presented at trial and the jury's verdict. While the quantity of drugs was significant, the evidence didn't support a finding of a management or operational role. The original sentence was deemed too high given the reassessment of his role.
Nine-year sentence quashed.
The sentence was quashed because the Court of Appeal found that the sentencing judge had incorrectly assessed the appellant's role as significant.
Seven-year sentence substituted.
A seven-year sentence was substituted, reflecting the 'lesser role' categorization and considering the aggravating factors.
Extension of time granted.
The court granted an extension of time for the appeal due to an administrative error in calculating the deadline.