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R v Josh Ethan Mason & Ors

[2023] EWCA Crim 1540
Three guys ran a drug operation using kids to deliver drugs. One guy's sentence stayed the same, but the other two got longer sentences because the court decided the judge hadn't punished them enough for using kids in their operation. The judge didn't give them enough extra jail time for exploiting the children.

Key Facts

  • James Mason (34), Josh Mason (25), and Adam McArdle (28) ran a county lines drug operation supplying heroin and cocaine from Liverpool to Oswestry.
  • They used nine vulnerable children (aged 14-18) as drug runners.
  • The operation, known as the 'Boris Line,' lasted 18 months.
  • McArdle was the leader, with James Mason briefly handling the main phone.
  • Josh Mason transported drugs and cash between Liverpool and Oswestry 30 times.
  • The children were threatened with violence and encouraged to use drugs.
  • McArdle also committed a violent attack on Lizzie West, resulting in a separate life sentence.
  • All three pleaded guilty to various charges, including being concerned in the supply of drugs and conspiracy to commit offences under the Modern Slavery Act 2015.

Legal Principles

Sentencing guidelines for drug trafficking offences, considering role (leading or significant) and drug quantity categories.

Sentencing Council Guideline

Offences under the Modern Slavery Act 2015: section 1(1)(b) (forced or compulsory labour) and section 2 (arranging or facilitating travel for exploitation).

Modern Slavery Act 2015

Totality principle in sentencing: ensuring the overall sentence is proportionate to the overall offending.

Section 244 ZA of the Criminal Justice Act 2003 (as inserted by the Police Crime and Sentencing Courts Act 2022) concerning eligibility for release on licence.

Criminal Justice Act 2003, section 244 ZA

Consideration of aggravating factors in sentencing, such as the use of children in crime and the vulnerability of victims.

Case law cited, including R v Mohammed (Zakaria) [2019] EWCA Crim 1881, R v Nixon & Ismail [2021] EWCA Crim 575

Outcomes

McArdle's appeal dismissed.

The sentence was not manifestly excessive; the judge's approach was structured and the overall outcome proportionate.

Solicitor-General's reference granted for Josh and James Mason.

The 12-month uplift for the Modern Slavery Act offences was insufficient given the severity of the exploitation of vulnerable children. Increased sentences reflect the seriousness of the exploitation.

Josh Mason's sentence increased from 6 to 8 years.

Insufficient credit was given for the severity of the Modern Slavery Act offences; a 3-year uplift was deemed necessary.

James Mason's sentence increased from 7 to 10 years.

Insufficient credit was given for the severity of the Modern Slavery Act offences; a 4-year uplift was deemed necessary.

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