R v Nathan Wilson & Ors
[2024] EWCA Crim 124
R v Kamaljit Singh Chahal & Anor
16 April 2024
[2024] EWCA Crim 466
Court of Appeal
Two men were jailed for running a huge drug ring. They appealed their sentences, but the judges said the sentences were fair, considering how much drugs they dealt and their roles in the operation. While the judges considered factors like their ages and whether they showed remorse, the scale of the crime meant long prison sentences were justified.
Key Facts
- •Two applicants, Kamaljit Chahal (53) and Bhipon Chahal (26), appealed their sentences for conspiracy to supply controlled drugs (cocaine, heroin, cannabis).
- •The conspiracy stemmed from Operation Venetic, involving EncroChat messages revealing a large-scale drug operation in the East Midlands.
- •Kamaljit Chahal led the organized crime group (OCG), while Bhipon Chahal played a leading role.
- •The conspiracy lasted eight months (February 1, 2020 – September 23, 2020), with significant drug quantities (70kg cocaine, 2.5kg heroin, 33kg cannabis) and money (£1.6 million) involved in a 14-week period.
- •All defendants pleaded guilty. Kamaljit Chahal received 18 years, Bhipon Chahal 15 years, and Sandeep Johal 11 years.
- •Kamaljit Chahal had a prior conviction for drug offenses.
Legal Principles
Sentencing for drug conspiracies should not slavishly apply statutory guidelines; harm assessment considers intended or foreseeable consequences, not just direct involvement; conspiracies are usually intended to continue.
R v Wilson [2024] EWCA Crim 124 at paragraph 26
Sentences for serious commercial drug operations may exceed 20 years, depending on the offender's role.
Sentencing Council Guidelines for Supply of a Controlled Drug
Sentences should not normally exceed 30 years, except in exceptional circumstances; there is likely to be 'crowding or bunching' in extremely large-scale cases.
R v Cuni [2018] EWCA Crim 600
When assessing a young adult's sentence, consider whether their actions represent a hot-headed immature response or a calculated involvement in a sophisticated criminal enterprise.
ZA [2023] EWCA Crim 596
Outcomes
Kamaljit Chahal's appeal refused.
The sentencing judge's approach was consistent with guidelines and case law; the starting point for sentencing was justified given the scale of the operation; aggravating factors outweighed mitigating factors.
Bhipon Chahal's appeal refused.
The judge's assessment of Bhipon Chahal's role was reasonable; mitigating factors (youth, withdrawal from conspiracy) were considered; the sentence was not manifestly excessive.