R v Michael James Patrick Derrane
[2024] EWCA Crim 473
R v Joshua Robert Curley Mullings
20 October 2023
[2023] EWCA Crim 1270
Court of Appeal
A man was sentenced to 15.5 years in prison for drug dealing and planning to use a gun for his crimes. He tried to appeal the sentence but the court said the judge was right, so the sentence stayed the same. The court considered the seriousness of the crimes and the man's history, and felt the sentence was fair.
Key Facts
- •Joshua Mullings (34) convicted of four counts: conspiracy to possess a firearm (Firearms Act 1968), two counts of conspiracy to supply Class A drugs (cocaine), and possessing criminal property.
- •Offences occurred between November 2018 and May 2019.
- •Mullings directed others in obtaining and transporting a firearm and large quantities of high-purity cocaine.
- •Police intercepted the firearm and cocaine before it reached Mullings.
- •Over £4,000 in cash was found at Mullings' property.
- •Mullings had previous convictions for violent and drug-related offences.
- •Sentenced to 15.5 years imprisonment (13.5 years for drug conspiracy, 2 years consecutive for firearm conspiracy).
Legal Principles
Sentencing guidelines must be followed unless contrary to the interests of justice (s.59(1) Sentencing Code).
Sentencing Code
Assessment of harm in firearm offences considers risk of harm, not just immediate risk.
R v Dean [2022] 1 Cr App R (S) 51
The judge's assessment of the defendant's role in the drug-dealing conspiracy is given significant weight, especially if the judge presided over the trial.
Mitigation should be considered, but the gravity of the offences and previous convictions can diminish its significance.
R v Manning
Outcomes
Leave to appeal against sentence refused.
The court found no errors in the judge's categorisation of the firearm offence, assessment of Mullings' role in the drug conspiracy, or consideration of mitigation. The judge's application of the guidelines was deemed appropriate and justified.