R v Zach Hall & Anor
[2023] EWCA Crim 1167
R v Michael John Burns
7 February 2024
[2024] EWCA Crim 160
Court of Appeal
A man was jailed for drug dealing. He appealed his sentence, arguing it was too long. The court agreed his sentence for cocaine was too harsh and reduced it, but kept his sentence for cannabis the same. The judges said the original judge hadn't properly considered all the facts of the case when giving the sentence.
Key Facts
- •Michael John Burns (applicant) pleaded guilty to conspiracy to supply cocaine and cannabis on 22 February 2021.
- •Sentenced to 12 years for cocaine and 3 years concurrent for cannabis on 22 April 2021.
- •Confiscation order of £48,359 made in April 2022.
- •Offences arose from EncroChat communications between April and June 2020.
- •Applicant's EncroChat handle was "Milliondolla".
- •Applicant admitted to a significant role in the supply of 4-8kg cocaine and 10-15kg cannabis.
- •Applicant acted under intimidation due to a large debt.
- •Appeal against sentence was lodged nearly 2 years after sentencing due to initial negative legal advice.
- •Applicant had three previous convictions for producing cannabis.
Legal Principles
Extension of time to appeal will only be granted where there is good reason and the offender will otherwise suffer significant injustice.
Statute (implied)
Sentencing guidelines for conspiracy to supply drugs, considering role (leading/significant), drug type and quantity, aggravating and mitigating factors.
Sentencing Council Guideline (implied)
The court will consider the merits of the appeal grounds before deciding on an extension of time.
Judicial precedent (implied)
Outcomes
Extension of time to appeal granted.
The court found some force in the criticism of the judge's approach to sentencing, particularly regarding the starting point and insufficient consideration of personal mitigation.
Leave to appeal granted.
The court considered the sentence for the cocaine conspiracy to be manifestly excessive.
Sentence on count 1 (cocaine conspiracy) quashed and reduced from 12 years to 9 years.
The original sentence was at the top end of the category range, and the court found no justification for moving outside the category range. A 25% reduction was applied for the guilty plea.
Sentence on count 2 (cannabis conspiracy) and other orders remain unchanged.
The court found no grounds to challenge the 3-year sentence for the cannabis conspiracy.