A man was caught dealing drugs using an encrypted phone. He pleaded guilty but appealed his sentence. The court said the sentence was fair considering the amount of drugs and his important role in the operation, and that he didn't deserve more leniency for his late guilty plea.
Key Facts
- •Jack Nicholas Daniels pleaded guilty to conspiracy to supply cocaine and ketamine.
- •The conspiracy involved a co-accused, Andrew Talbot, and used EncroChat.
- •The estimated overall benefit of the conspiracy was around £125,000.
- •Daniels' EncroChat messages detailed drug deals, payments, and collections.
- •£4,810 was found at Daniels' address upon arrest.
- •Daniels had previous convictions (not considered relevant for sentencing).
- •The judge sentenced Daniels to 7 years 8 months for cocaine and 3 years 8 months concurrently for ketamine.
- •The judge considered Daniels a key player in both conspiracies, towards the top of the significant range.
Legal Principles
Sentencing guidelines for drug trafficking conspiracies.
Undefined Sentencing Guidelines
Credit for guilty pleas; consideration of timing and rationale.
R v Plaku [2021] 4 WLR 82 at [10], Definitive Guideline
Admissibility of evidence obtained from EncroChat handsets.
R v Coggins (mentioned)
Outcomes
Appeal refused.
The court found the sentence was not manifestly excessive and that the judge properly applied sentencing guidelines, considered the quantity of drugs, Daniels' role, and credit for his plea. The grounds of appeal were deemed unarguable.