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.