Caselaw Digest
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R v Piotr Wojciechowski

[2024] EWCA Crim 400
A lorry driver was caught smuggling a huge amount of cocaine. He got 15 years in prison. He tried to appeal, saying the sentence was too harsh. The judges said the sentence was fair based on the amount of drugs and his role in the operation, and refused his appeal.

Key Facts

  • Piotr Wojciechowski convicted of conspiracy to supply Class A drugs (cocaine) and possessing criminal property.
  • Sentenced to 15 years' imprisonment for drug conspiracy and 2 years concurrently for possessing criminal property.
  • Wojciechowski acted as a long-distance lorry driver, transporting 32kg of 90% pure cocaine from Europe to the UK.
  • He was involved in discussions about drop-off locations and used methods to avoid detection (unregistered phones, coded language).
  • The cocaine had a wholesale value between £762,000 and £889,000.
  • Wojciechowski's appeal challenged the starting point of the sentence and the subsequent uplift.

Legal Principles

Sentencing guidelines for drug trafficking, considering the role of the offender and quantity of drugs.

Sentencing Guidelines

Use of comparative cases in sentencing appeals; precedence should be given to sentencing guidelines over factual comparisons.

R v Lewis [2012] EWCA Crim 1414, R v Clarke [2023] EWCA Crim 933

Outcomes

Renewed application for an extension of time and leave to appeal against sentence refused.

The appeal lacked merit. The sentence was in accordance with the sentencing guidelines and not manifestly excessive. The application for an extension of time was weak, as the applicant had legal representation at trial and delayed instructing new solicitors.

Ground 1 (starting point too high) dismissed.

The judge's starting point of 10 years was appropriate given Wojciechowski's significant role, including his use of legitimate employment to import drugs, financial gain, awareness of the operation's scale, and operational function.

Ground 2 (uplift not justified) dismissed.

The 5-year uplift to 15 years was justified considering the significantly higher quantity of drugs (32kg) than the guideline's indicative category 1 quantity (5kg). The court found the uplift, reflecting his 'significant' rather than 'leading' role, was not manifestly excessive.

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