R v Michael John Burns
[2024] EWCA Crim 160
R v Mark Guri
19 June 2024
[2024] EWCA Crim 1208
Court of Appeal
A man was caught driving a van full of cannabis. The judge gave him a 15-month prison sentence. The appeal court thought this was too long, mainly because the judge hadn't fully considered that he was forced into doing it and didn't have a criminal record in the UK. They reduced his sentence to 9 months.
Key Facts
- •Appellant pleaded guilty to possession of 7kg of cannabis with intent to supply and driving without insurance.
- •Drugs had a wholesale value of £28,000-£49,000.
- •Appellant was a courier, transporting drugs for others in the Albanian community.
- •Appellant initially denied knowledge, then admitted seeing the cannabis but claimed fear prevented him from acting differently.
- •Appellant had no prior convictions in the UK but had entered the country illegally.
- •Judge categorized the offence as a Category 3 significant role under the Drug Offences Guideline.
Legal Principles
Sentencing for drug offences under the Misuse of Drugs Act 1971, considering factors such as role in the offence, quantity of drugs, and mitigating circumstances.
Drug Offences Guideline
Assessment of mitigating factors, such as lack of prior convictions and coercion, in sentencing.
Case law precedent
Outcomes
Appeal allowed. Original sentence of 15 months' imprisonment quashed.
The court found the original sentence manifestly excessive due to an overestimation of the increase for the additional kilogram of cannabis, insufficient consideration of the lack of prior convictions, and inadequate weight given to the mitigating factor of coercion. The court substituted a sentence of nine months' imprisonment.