R v Matthew Clarke
[2023] EWCA Crim 933
R v TREHMAYNE CLARKE
11 May 2023
[2023] EWCA Crim 483
Court of Appeal
A man was sentenced for drug dealing. The government thought the sentence was too light, but the court decided the judge had done a fair job, considering all the crimes and the time he'd already spent in jail. The sentence stood.
Key Facts
- •Trehmayne Clarke (27) pleaded guilty to drug supply offences in Stafford (2020) and Cambridge (2022).
- •Stafford offences involved a leading role in a county lines operation spanning 14 months, using multiple drug lines including one he controlled ('Tiny line').
- •Cambridge offences involved re-establishing a drug line shortly after release from prison.
- •Clarke had 25 previous convictions, including a 2013 drug supply conviction and multiple knife possession convictions.
- •The Attorney General referred the sentence as unduly lenient under Section 36 of the Criminal Justice Act 1988.
Legal Principles
Unduly lenient sentence test: Whether the sentence falls outside the range a judge could reasonably consider appropriate, considering all relevant factors, authority, and sentencing guidelines.
Attorney General's Reference No 5 of 1989 11 Cr. App. R. (S) 489
Sentencing Guidelines for drug trafficking offences, including considerations of role, duration, and aggravating/mitigating factors.
Sentencing Guidelines (implied)
Totality principle in sentencing: The overall sentence should be just and proportionate.
Outcomes
Appeal dismissed; sentence not unduly lenient.
The judge appropriately considered all relevant factors, including the totality principle, the prior convictions, and the mitigating circumstances. While the initial sentence was lengthy (14 years 3 months before reductions), the final sentence was within a reasonable range after considering the totality of the offences and prior sentences.