R v Ashley Hook & Anor
[2024] EWCA Crim 621
R v Matthew Wharlow & Anor
28 November 2023
[2023] EWCA Crim 1613
Court of Appeal
Two men were sentenced for dealing cocaine. One man's extra sentence was made to run at the same time as his other sentence. The other man's sentence was upheld because the judge was right about how big a role he had in the drug dealing.
Key Facts
- •Matthew Wharlow and Toby Poole appealed their sentences for conspiracy to supply cocaine.
- •Wharlow acted as a courier, transporting 1kg of cocaine on one occasion and 78kg on other occasions (separate case).
- •Poole acted as a courier for Arkate and Raja, transporting over 1.5kg of cocaine on multiple occasions.
- •Both appellants pleaded guilty.
- •Wharlow received a 10-month sentence consecutive to a pre-existing sentence; Poole received a 6-year 8-month sentence.
- •The judge considered Wharlow's role significant and Poole's role significant.
- •Sentencing guidelines for drug trafficking were applied.
Legal Principles
Totality principle in sentencing: The overall sentence should reflect all offending behaviour, aggravating and mitigating factors, and be just and proportionate.
Sentencing Council's definitive guideline on totality
Categorisation of roles in drug conspiracies (significant vs. lesser role) based on factors such as function, influence, awareness of scale, and gain.
Sentencing Council's definitive guideline on drug trafficking
The sentencing judge is in the best position to assess the roles and culpability of conspirators.
Court of Appeal decision
Section 11(3) of the Criminal Appeal Act 1968 (implied - court avoids altering sentence length to avoid arguments related to this section).
Criminal Appeal Act 1968, Section 11(3)
Outcomes
Wharlow's appeal was partially allowed. The consecutive 10-month sentence was quashed and changed to concurrent.
The Court of Appeal found that the pre-existing sentence already accounted for the additional 1kg of cocaine in totality. Altering sentence length was avoided to prevent arguments under Section 11(3) of the Criminal Appeal Act 1968.
Poole's appeal was dismissed.
The Court of Appeal upheld the judge's assessment of Poole's role as significant, citing the use of an EncroChat device and travel across the country as evidence of awareness and understanding of the operation's scale.