R v Bruno Lepuri
[2024] EWCA Crim 1295
R v Kieron Mark Webster
12 July 2023
[2023] EWCA Crim 966
Court of Appeal
A man was sentenced to 17 years in prison for dealing drugs. He argued his sentence was too long compared to others and that he should get more credit for pleading guilty late in the trial. The court said his sentence was fair because he had done it before, he did it while in prison, and he used encrypted phones to hide his actions. They also said he didn't deserve more credit for pleading guilty so late.
Key Facts
- •Kieron Mark Webster (applicant, age 35) was sentenced to 17 years and 1 month imprisonment for conspiracy to supply Class A (cocaine) and Class B (cannabis) drugs.
- •He pleaded guilty on the second day of his trial, 10 months after the charges.
- •Two co-defendants, Arkwright and Jenkinson, received significantly shorter sentences.
- •The applicant's involvement began while he was in prison for similar offences.
- •He used EncroChat to conduct his criminal activities.
- •The prosecution estimated the applicant handled at least 5kg of cocaine.
- •The applicant had prior convictions, including an 80-month sentence for drug supply.
- •The judge gave only 5% credit for the late guilty pleas.
Legal Principles
Disparity of sentence requires an unfair and inexplicable difference.
Court of Appeal judgment
Sentencing guidelines for drug trafficking consider the quantity of drugs and the defendant's role.
Sentencing Council guideline
Credit for guilty pleas is determined by timing, with less credit given for later pleas.
Sentencing Council guideline
Outcomes
The appeal was dismissed.
The court found the sentence was just and proportionate, considering the applicant's prior convictions, involvement while in prison, use of EncroChat, and the significant quantity of drugs involved. The disparity in sentences was deemed justifiable due to differences in the defendants' roles and criminal histories. The credit for the late guilty plea was also deemed appropriate.