R v TREHMAYNE CLARKE
[2023] EWCA Crim 483
R v Matthew Clarke
18 July 2023
[2023] EWCA Crim 933
Court of Appeal
A man was sentenced to 9 years for being involved in a large drug operation. The government thought the sentence was too light, but the court decided the judge was fair, considering the man's role wasn't the biggest in the operation and that he had personal problems contributing to his actions. So, the sentence stayed the same.
Key Facts
- •Matthew Clarke (43) pleaded guilty to conspiracy to supply cocaine and conspiracy to conceal criminal property.
- •He used an EncroChat phone ('Gingerspeaker') to collect and deliver 150kg of cocaine over eight weeks under the direction of 'Magiccheetah'.
- •He also laundered money, including arranging the purchase of a watch for £45,000.
- •Clarke had no prior convictions but was made redundant and experienced mental health issues leading to drug and gambling debts.
- •He was sentenced to nine years' imprisonment (with a concurrent two-year sentence for money laundering).
- •The Attorney General considered the sentence unduly lenient due to the drug quantity, use of EncroChat, and comparison to similar cases (R v Sarasli).
Legal Principles
Sentencing guidelines are guidance, not rigid frameworks; judges should use common sense and flexibility.
R v Khan [2013] EWCA Crim 800
Sentencing categories are not straitjackets; cases rarely perfectly match categories; an offender's role and period of involvement should be considered.
Attorney General's Reference Nos 15, 16 and 17 of 2012 [2013] 1 Cr.App.R (S) 52
Involvement in a conspiracy increases seriousness, but the defendant's actual role must be carefully considered.
EWCA Crim 933
Sentencing Council guidelines for drug supply consider culpability, role, and harm caused (amount of drugs).
Sentencing Council guidelines
Outcomes
The Attorney General's reference was dismissed.
The court found the nine-year sentence was not unduly lenient, considering Clarke's lesser role, remorse, lack of prior convictions, and the judge's consideration of mitigating factors. The judge's starting point of nine years reflected mitigating factors related to his lesser role, despite the significant quantity of drugs involved.