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R v Michael Henry McDonnell & Anor

[2024] EWCA Crim 990
Two men were convicted of dealing drugs and using a 15-year-old boy to help them. They appealed their long prison sentences, arguing the judge was too harsh and made mistakes in calculating the sentences. The appeals court decided the sentences were fair, because the crimes were very serious and the men had important roles in the drug operation.

Key Facts

  • McDonnell and Johnson appealed against their sentences of 16 years and 3 months and 16 years imprisonment respectively for drug trafficking and exploitation of a 15-year-old boy (A).
  • The offences involved a county lines operation supplying Class A drugs in Andover, with A trafficked from London to deal drugs.
  • McDonnell had six previous convictions for 13 offences, including two for possession with intent to supply Class A drugs.
  • Johnson had seven previous convictions for nine offences, including one for possession of heroin.
  • The judge imposed consecutive sentences for exploitation and drug conspiracies, finding the offences distinct.
  • The appeals focused on the totality of the sentences and whether double-counting occurred.

Legal Principles

Totality Principle in Sentencing

Sentencing Guidelines

Sentencing for Drug Trafficking

Sentencing Act 2020, section 313

Sentencing Guidelines for Human Trafficking

Sentencing Guidelines

Consecutive vs. Concurrent Sentences

Sentencing Guidelines

Outcomes

Appeals dismissed.

The court found the total sentences were not manifestly excessive, considering the serious nature of the offences (exploitation and drug trafficking), the appellants' leading roles, and the substantial reductions applied to reflect totality. The judge's approach to consecutive sentences and avoiding double-counting was deemed appropriate.

Court record amended

The court corrected a clerical error in the record sheet regarding Johnson's sentence on count 7, amending it to reflect the judge's intention.

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