R v John James Dillon
[2024] EWCA Crim 792
R v Lee Nervais
30 March 2023
[2023] EWCA Crim 42
Court of Appeal
A man was given 20 years in prison for planning serious crimes like kidnapping and supplying drugs. He appealed the sentence, but the court decided the punishment was fair because the judge considered all the facts carefully.
Key Facts
- •Lee Nervais was convicted of five counts: conspiracy to cause grievous bodily harm (x2), conspiracy to kidnap, and conspiracy to supply cocaine and heroin.
- •Offences were facilitated through the EncroChat platform under the handle "Showygator".
- •Count 2 involved a conspiracy to cause grievous bodily harm to "Bo".
- •Counts 3 and 4 involved conspiracies to cause grievous bodily harm and kidnap "Croydon Steve", motivated by stolen drugs.
- •Counts 5 and 6 involved conspiracies to supply cocaine and diamorphine.
- •Nervais had previous convictions for offences including possession of bladed articles, possessing offensive weapons, and affray.
Legal Principles
Sentencing for conspiracy to kidnap, considering inchoate nature and concurrent offences.
Various case authorities cited but not detailed fully in the judgment.
Totality in sentencing, considering multiple offences.
Case law implicitly referenced throughout the judgment.
Imposition of statutory surcharge after confiscation hearing.
R v Bristowe [2019] EWCA Crim 2005
Outcomes
Appeal dismissed.
The 20-year sentence was not manifestly excessive; the judge's approach was careful and considered, appropriately balancing aggravating and mitigating factors and applying principles of totality.
Statutory surcharge upheld despite technical error.
While technically imposed prematurely, the error did not warrant quashing the order given the overall circumstances.