R v Zach Hall & Anor
[2023] EWCA Crim 1167
R v Mark Hobbs & Anor
25 July 2023
[2023] EWCA Crim 938
Court of Appeal
Two guys were convicted of being part of a big cocaine smuggling ring. One got a light sentence because the judge made a mistake, so the higher court increased his prison time. The other guy's sentence stayed the same, even though it was considered too light, because the judge didn't make any mistakes.
Key Facts
- •Attorney General's Reference under section 36 of the Criminal Justice Act 1988 concerning two unduly lenient sentences.
- •Mark Hobbs (53) convicted of conspiracy to supply cocaine (175kg) and being involved in cocaine supply with his son.
- •John William Anderson (58) convicted of conspiracy to supply cocaine (175kg), same conspiracy as Hobbs.
- •The conspiracy involved an organised crime group, with various roles from sourcing to distribution.
- •Hobbs' role was primarily financial, dealing with the conspiracy's finances.
- •Anderson's role involved facilitating the movement of funds and supplying EncroChat phones.
- •Hobbs received a three-year sentence for conspiracy and a consecutive two years and three months for the separate cocaine supply offence (total five years and three months).
- •Anderson received an eight-year sentence for conspiracy.
Legal Principles
Sentencing guidelines for drug supply offences must be followed unless contrary to the interests of justice.
Sentencing Act 2020, sections 59 and 60
Findings of fact made by trial judges should not be easily disturbed unless there is internal inconsistency, lack of evidence, inconsistency with uncontroverted evidence, or irrationality.
R v Khan [2013] EWCA Crim 800 (implicitly referenced)
The court must consider the offender's role (leading, significant, lesser) and other relevant factors when sentencing for drug offences.
Sentencing guidelines for drug offences (detailed in sections 48-51)
Outcomes
Leave granted to refer Hobbs' sentence; sentence increased.
The judge erred in applying money laundering guidelines instead of the offence-specific drug supply guideline. The court found Hobbs had a lesser role in the conspiracy but increased his sentence to reflect the drug quantity and the seriousness of the offence.
Leave granted to refer Anderson's sentence; however, the reference was refused.
The court found no justiciable basis to interfere with the judge's assessment of Anderson's role or the sentence imposed. While the sentence was considered lenient, it was not deemed unduly so.