R v Kamaljit Singh Chahal & Anor
[2024] EWCA Crim 466
R v Nathan Wilson & Ors
2 February 2024
[2024] EWCA Crim 124
Court of Appeal
Three people were jailed for their parts in a huge drug operation. Their appeals against their sentences were rejected by the Court of Appeal. The court said the judge who gave the sentences had made fair and reasonable decisions based on the facts of the case and the law.
Key Facts
- •Operation Blazestone: An organised crime group (OCG) produced and supplied cocaine and cannabis in the East Midlands.
- •Operation Galore: A related conspiracy focused on the supply of cannabis.
- •Three defendants pleaded guilty: Nathan Wilson, Endrit Fejzullai, and Kryzysztof Budziskewski.
- •Fejzullai was the prime mover of Operation Blazestone.
- •Budziskewski supplied cocaine to Fejzullai.
- •Wilson was a customer-dealer, involved in both cocaine and cannabis, and brokered a deal between Fejzullai and another dealer.
- •Significant quantities of drugs were involved: over 6.5 kg of cocaine and 130 kg of cannabis in Operation Blazestone.
- •Fejzullai continued his drug activities even after a police raid.
Legal Principles
Sentencing guidelines for drug conspiracies should not be applied slavishly; consider the overall enterprise, not just personal involvement.
Pitts [2014] EWCA Crim 1615; Smith [2020] EWCA Crim 994; Cavanagh [2021] EWCA Crim 1584
The Court of Appeal is slow to interfere with sentences unless there's a manifest error of principle, an obviously mistaken factual basis, or an unreasonable assessment of weight.
Williams (Declan Craig) [2019] EWCA Crim 279; Hughes [2021] EWCA Crim 447
Outcomes
Wilson's appeal dismissed.
The court found the judge's assessment of Wilson's role (brokering a significant cocaine deal) and sentencing were justified. The court addressed arguments about starting point, Covid-19 conditions during remand, and credit for guilty pleas, finding no grounds for interference.
Fejzullai's renewed application for leave to appeal dismissed.
The court upheld the judge's categorization of Fejzullai's offense and the sentencing process. Arguments regarding starting points, aggravating factors, mitigation, and the overall sentence increase were rejected.
Budziskewski's renewed application for leave to appeal dismissed.
The court found the judge's reasoning process clear and legitimate. The sentence, though exceeding the guideline range, was justified due to the consideration of other serious offenses and the significant discount applied for totality.