R v Michael John Burns
[2024] EWCA Crim 160
R v Jake Goodspeed
16 May 2023
[2023] EWCA Crim 624
Court of Appeal
A man was sentenced to almost 10 years in prison for seriously hurting someone and dealing a lot of cocaine. He appealed, but the judges said the sentence was fair because he'd done bad things before and was on bail when he dealt the drugs. They said his sentence was harsh but deserved.
Key Facts
- •Appellant (26) pleaded guilty to section 18 wounding with intent and conspiracy to supply cocaine.
- •Wounding involved hitting victim with a glass bottle, causing severe facial injuries requiring 22 stitches and permanent scarring.
- •Drug conspiracy involved the 'F & K' cocaine line, with appellant holding the phone during a period resulting in approximately 1kg of cocaine sold and £78,000 profit.
- •Appellant had 10 previous convictions, including violence and a prior Class A drug supply conviction.
- •Appellant was on bail for the wounding when involved in the drug conspiracy.
- •Sentenced to 4 years 9 months for wounding and consecutive 4 years 10 months for drug conspiracy (total 9 years 7 months).
Legal Principles
Sentencing for drug conspiracies considers the role of the defendant (leading, significant, etc.) and the scale of the operation.
R v Ajayi [2017] EWCA Crim 1011
Sentencing guidelines for section 18 wounding consider culpability and harm categories.
Sentencing Guidelines Council
Consecutive sentences can be imposed for separate offences committed at different times.
None explicitly stated, but implied throughout the judgment.
Totality principle in sentencing requires consideration of the overall sentence for multiple offences.
None explicitly stated, but discussed throughout the judgment.
Outcomes
Appeal dismissed.
Sentences were not wrong in principle or manifestly excessive, considering the seriousness of the offences, aggravating factors (prior convictions, offence committed while on bail), and appropriate allowance for totality.