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This is the first Encrochat sentencing judgment in NI.
Crown Court sentencing remarks – various drug offences - Proceeds of Crime Act offences – firearms offences – conspiracy to cause GBH – conspiracy to commit murder - material obtained from the Encrochat network by the NCA through a joint French and Dutch police investigation – 12 years imprisonment.
Renewed application for leave to appeal sentence – money laundering operation – Proceeds of Crime Act 2022 – whether sentences manifestly excessive – applications to receive new material granted – principle of mercy applied to two mothers - Article 8 ECHR – the offender’s personal circumstances - judge erred in confining exceptional circumstances to the offending itself - disparity in sentencing – deterrent sentences – culpability – the aggravating factors contained highly prejudicial assertions not agreed or proven – prosecution portrayal of the roles and knowledge attributed to the appellants was inconsistent - roles/rankings which the judge attributed to certain appellants were neither agreed nor proven - leave granted – appeals allowed - sentences reduced.
Guidance in relation to the following sentencing principles can be found at paragraphs [86] – [110] - mercy in sentencing, Article 8 ECHR to include reference to R v Petherick [2013] 1 WLR 1102, exceptional circumstances, the offender’s personal circumstances, disparity in sentencing, deterrent sentences and culpability.
Application for leave to appeal sentence – cultivation of cannabis – abstracting electricity – assisting unlawful immigration – perverting the course of justice – three cannabis factories – strategic control of substantial, sophisticated and highly profitable enterprise – whether sentence for cannabis factory counts too high – whether three year consecutive sentence on top of already stiff sentence manifestly excessive – totality – deterrent sentence of 12 years appropriate – proper global sentence 13 years – sentence perverting the course of justice reduced to 1 year consecutive to other counts – total custodial sentence 13 years - leave granted - appeal allowed.
[2022]NICA 78 Fowler J , Horner LJ , Keegan LCJ
appeal against sentence - supply of a Class A and Class B drugs (cocaine) contrary to section 4(3)(b) of the Misuse of Drugs Act 1971 - substantial criminal record of 61 previous convictions, three relate to possession of drugs (cannabis) - delay - approach adopted and weight accorded by the sentencing judge to the factor of the appellant’s rehabilitation were erroneous in law - appeal allowed
[2019] NICA72 McCloskey LJ
DPP reference – Possession of class A/B drugs with intent to supply – significant quantities of class A with high value – 3 defendants – determinate sentences of 5 yrs., 4 yrs., and 3 yrs. (6 custody plus 2½ on licence) – unduly lenient – substituted with 6½ yrs., 5 yrs., and 2yrs. (12 month plus 12 months) – earlier NI guidelines affirmed.
Appeal against sentence and DPP's Reference - review of authorities on supply and production of drugs - consideration of definitive guideline from England & Wales - guideline deemed useful for aggravating and mitigating factors and serious/culpability - less applicable however in this jurisdiction on starting points and ranges where flexibility required - different approach needed for very large quantities - R v. McIlwaine [1998] NICA reaffirmed in this regard.
[2013] NICA 28 Morgan LCJ
Possession of Class B drugs – intent to supply and possession of criminal property – cannabis – sentencer entitled to have regard to surrounding circumstances especially cultivation.
[2012] NICA 17 Morgan LCJ
Reference by AG - whether sentences unduly lenient - drugs offences - Misuse of Drugs Act 1971 - importation of drugs into Northern Ireland - substantial quantity of drugs - intention of Judge to pass non-custodial sentence - failure of the prosecution to inform the judge of relevant authorities - application refused.
[2005] NICA 18 Kerr LCJ
Reference by AG of sentence as unduly lenient – 3 years’ probation concurrent with earlier equivalent sentence for similar offending – possession/possession with intent to supply Class A & B drugs – unusual circumstances for ‘supply’ – offender responding well to addiction treatment on probation - sentence lenient but not unduly so.
[2003] NICA 38 Carswell LCJ
Disparity
[2003] NICA 21 Carswell LCJ
Possession and supply of cannabis - judicial response to growing amount of cannabis circulating in jurisdiction.
R v Mcilwaine MacDermott LJ 11.03.98 MacDermott LJ
Drugs - possession and supply of cannabis - Mitigating factors - dealing on small scale - encouragement to rehabilitation of offender.
R v Conlon 70297 CarswellLCJ Carswell LCJ
Theft from employer over period of time - mother of a young child - compassion and clemency exhibited by employer - whether should be taken into account.
R v Conlon 07021997 MacDermott LJ
Appeal against sentence - possession with intent to supply - ecstasy - value and quantity of drugs seized - age, background and addiction of appellants.
R v Stalford and O'Neill MacDermott LJ
Appeal against sentence - possession of ecstasy and cannabis with intent to supply - couriers.
15 December 1995MACDERMOTT LJ MacDermott LJ
Application for leave to appeal against sentence - possession with intent to supply Class A and Class B Drugs - couriers.
7 July 1995CARSWELL LJ Campbell LJ
Appeal against sentence - possession and supply of Class A and Class B drugs.
[1994] NI 258 Hutton LCJ