A man was sentenced to 15 years in prison for dealing a large amount of cocaine. He appealed, saying his lawyer was bad and he wasn't as smart as he seemed. The court didn't believe him and said the sentence was fair given the amount of drugs involved and his important role in the operation.
Key Facts
- •Darren Joseph Midgley pleaded guilty to conspiracy to supply Class A drugs (cocaine).
- •He was sentenced to 15 years imprisonment (less 180 days spent on remand).
- •The conspiracy involved at least 11.5kg of cocaine (though 1kg was returned due to poor quality).
- •Midgley used the EncroChat handle "BigLobos" to communicate with suppliers, customers, and couriers.
- •Police recovered £5,000 cash, phones, and expensive watches from his home.
- •The sentencing judge considered Midgley's leading role in the conspiracy, the scale of the operation, and the sophistication of his methods.
- •Midgley's appeal focused on inadequate legal representation and cognitive difficulties.
- •A psychological report indicated learning difficulties and an IQ of 69.
Legal Principles
Sentencing guidelines for drug supply, considering quantity, role, and harm.
Sentencing Guideline for the Supply of a Controlled Drug
Increased sentence seriousness due to involvement in a wider conspiracy.
R v Khan [2013] EWCA Crim 80, paragraph 35
Outcomes
Leave to appeal refused.
The court found the appeal's grounds not arguable. They rejected claims of inadequate legal representation and found the sentence not manifestly excessive given the scale of the operation and Midgley's leading role. The psychological evidence was deemed insufficient to warrant appeal.