R v Michael John Burns
[2024] EWCA Crim 160
R v Robert Alan McNichol
29 March 2023
[2023] EWCA Crim 420
Court of Appeal
Bobby was caught dealing a lot of cocaine. The judge gave him a long sentence (16.5 years), but the Court of Appeal thought that was too much. They looked at how much cocaine was involved and Bobby's role, and decided a 14-year sentence was fair.
Key Facts
- •Robert Alan McNichol (appellant) pleaded guilty to conspiracy to supply cocaine, possession of cocaine with intent to supply, acquiring criminal property, and breaching a Serious Crime Prevention Order (SCPO).
- •The conspiracy involved regular cocaine trafficking from West Yorkshire to West Cumbria between January and November 2020 with a co-defendant, Bramley.
- •On November 18, 2020, Bramley supplied McNichol with 1kg of 80% pure cocaine (£45,000 wholesale value).
- •McNichol was apprehended before delivering the cocaine to another co-defendant, Reid.
- •WhatsApp messages revealed Reid handled £263,420 cash for McNichol; £65,185 cash was seized from Reid's home.
- •McNichol had 11 previous convictions, including seven drug offences, and a 2011 conviction for conspiracy to supply cocaine resulting in a 12-year sentence and a SCPO.
- •McNichol was on license at the time of the index offences and was recalled to prison.
Legal Principles
Sentencing guidelines for drug trafficking conspiracies, including consideration of quantity, role of offender, and aggravating/mitigating factors.
Sentencing Council guidelines
Principle of totality in sentencing, requiring consideration of all offences on the indictment.
Case law (implied)
Reduction for guilty plea, considering any impact from false basis of plea.
Case law (implied)
Assessment of the ‘leading role’ in a drug trafficking conspiracy.
Case law (implied)
Consideration of previous convictions as an aggravating factor.
Case law (implied)
Outcomes
The 16.5-year sentence was quashed.
The Court of Appeal found the original sentence to be manifestly excessive, particularly the starting point of 20 years after a trial. While acknowledging the aggravating factors, the court deemed the increase from the category starting point too high.
A 14-year sentence was substituted for the conspiracy charge (Count 1).
The Court adjusted the sentence to reflect a more appropriate starting point considering the quantity of drugs involved and the appellant's leading role within the conspiracy. A 1-year concurrent sentence was upheld for breach of the SCPO.