R v John Allcock & Anor
[2023] EWCA Crim 1010
R v Jodie Marie Smith & Anor
5 May 2023
[2023] EWCA Crim 1397
Court of Appeal
Two people involved in a big drug operation appealed their sentences. The court said the sentences were fair because they considered how much each person was involved and the timing of their guilty pleas. The appeals were unsuccessful.
Key Facts
- •Jodie Marie Smith and Jonathan Kitson applied for leave to appeal their sentences for drug trafficking.
- •The offences involved large-scale cocaine and amphetamine supply.
- •Darren Towler, the principal offender, received a 24-year sentence.
- •Kitson pleaded guilty to conspiracy to supply cocaine and possession with intent to supply cannabis, receiving a 9 years and 2 months sentence, and 9 months consecutively.
- •Smith pleaded guilty to two counts of conspiracy to supply drugs, receiving a 6 years and 6 months sentence.
- •Kitson's role involved transporting drug money; Smith's involved managing finances and taking operational control in Towler's absence.
- •The appeals argued disproportionate sentences, inadequate consideration of sentencing guidelines, insufficient personal mitigation, and improper discount for delay.
Legal Principles
Sentencing guidelines for drug trafficking, considering the role of the offender.
Sentencing Guideline
Proportionality of sentences to the role played by the offender in a joint criminal enterprise.
Case law
Consideration of personal mitigation and delay in plea.
Case law
Outcomes
Leave to appeal refused for both applicants.
The court found the sentences were justified considering the applicants' roles, the sentencing guidelines were properly applied, personal mitigation was considered, and the discounts for delay were appropriately determined.
Kitson's sentence upheld.
His significant role and late guilty plea justified the lack of delay discount.
Smith's sentence upheld.
Her 'trusted lieutenant' role, despite some mitigation, warranted the sentence. The judge's starting point and discount application were appropriate.