R v Chinonye David Anyiam
[2023] EWCA Crim 846
R v Rayon Wheatley
4 October 2023
[2023] EWCA Crim 1195
Court of Appeal
Rayon was caught dealing drugs. The judge gave him a long sentence. Rayon appealed, but the higher court said the sentence was fair, even though there was a small mistake. A previous suspended sentence was also added, but the total time in jail stayed the same.
Key Facts
- •Rayon Wheatley pleaded guilty to conspiracy to supply Class A (cocaine) and Class B (cannabis) drugs, and possessing criminal property.
- •Offenses occurred between May 1 and August 5, 2021.
- •Wheatley controlled a drugs line ('Rayon Line'), identified through a mobile phone number.
- •£10,060 in cash and drug paraphernalia were found during searches.
- •Wheatley's role was deemed 'significant' but not 'leading' by the Recorder.
- •Recorder sentenced Wheatley to 63 months (concurrently) for the three counts.
- •Appellant had a previous conviction for drug supply offences in 2017.
Legal Principles
Sentencing guidelines for drug trafficking, considering the role of the offender (leading vs. significant).
Sentencing Guidelines (unspecified in the document)
Totality principle in sentencing for multiple counts; ensuring the overall sentence reflects the cumulative criminality.
Unspecified, implied by the judgment.
Consideration of mitigating factors, such as evidence of rehabilitation efforts.
Unspecified, implied by the judgment.
Outcomes
Appeal against sentence dismissed.
The court found the overall sentence was not manifestly excessive, despite an error in applying the starting point for count 2 (Class B drug conspiracy). The concurrent nature of sentences and the lack of proper application of the totality principle did not lead to an unduly harsh outcome.
Suspended sentence (12 months for dangerous driving from 2021) activated concurrently.
The suspended sentence was not considered initially, and activating it concurrently avoids a more severe overall penalty.