R v Jack Nicholas Daniels
[2022] EWCA Crim 1735
R v Tom Greenfield
26 October 2023
[2023] EWCA Crim 1294
Court of Appeal
A man was sentenced to over 11 years in prison for drug dealing and money laundering. He tried to appeal, arguing the sentence was too harsh, but the appeal court said the sentence was fair given how much drugs he dealt and that he used secret messaging apps to avoid getting caught.
Key Facts
- •Tom Greenfield pleaded guilty to conspiracy to supply Class A (cocaine) and Class B (cannabis) drugs, and conspiracy to transfer criminal property.
- •The offences arose from Operation Venetic, investigating EncroChat encrypted messaging.
- •Greenfield's EncroChat handles were "Viperpainter" and "Rabidbass".
- •The conspiracy involved significant quantities of drugs (5kg cocaine, 2kg cannabis) and approximately £100,000 in criminal property.
- •Greenfield's co-defendant, Nicky Chilvers, received a 9-year 9-month sentence.
- •Greenfield had a limited criminal record (three convictions for five offences, including two old drug offences).
- •The sentencing judge considered Greenfield's role as between 'leading' and 'significant'.
- •The judge imposed a total sentence of 11 years and 3 months' imprisonment.
Legal Principles
Sentencing Council Definitive Guideline on supplying or offering to supply a controlled drug (effective 1 April 2021).
Sentencing Council
Sentencing Act 2020, Section 33 (or the Sentencing Code).
Sentencing Act 2020
Outcomes
The renewed application for leave to appeal against sentence was refused.
The Court of Appeal agreed with the single judge's assessment that the sentence was not manifestly excessive or wrong in principle. The judge's starting point, the uplift for EncroChat use, and consideration of the defendant's overall criminality were deemed appropriate.