Coupe, R. v

Where a guilty plea is indicated at the first reasonable opportunity, a full reduction remains the starting presumption. It may be reduced where the prosecution case is overwhelming without admissions by the defendant. A reduction of about 20 per cent may then be appropriate.

For large-scale supply of Class A drugs, sentencing may properly reflect importation guidelines. Drug weight at 100 per cent purity is important, but a sentencing judge need not treat a threshold as a minute gradation. The court will not interfere with severe sentences that properly apply the relevant guidelines to the scale and duration of the conspiracy.

The appellants pleaded guilty at Manchester Crown Court to conspiracy to supply Class A drugs. Police surveillance and searches disclosed a substantial cocaine operation. More than 8 kilograms of cocaine were recovered, together with empty packaging that had contained cocaine.

On 26 November 2007, HHJ Steiger QC sentenced Coupe to 12 years’ imprisonment and Spelman to nine years’ imprisonment. The sentences reflected starting points of 15 and 12 years respectively, followed by guilty-plea reductions.

Each appellant appealed against sentence. They contended that the judge gave insufficient credit for their pleas and adopted excessive starting points.

1. The appeals were dismissed. The judge was entitled to reduce the normal guilty-plea credit because both appellants had been caught red-handed and the prosecution evidence was overwhelming.

2. Spelman had pleaded guilty at the first available opportunity. Coupe’s later plea was reasonably delayed until disclosure had been served. The judge nevertheless lawfully allowed only 25 per cent credit to Spelman and 20 per cent to Coupe. Those reductions accorded with the Sentencing Guidelines Council guidance for overwhelming cases. Counsel had sufficient warning from the mitigation discussion that the usual one-third reduction might not be applied.

3. The court accepted that the prosecution should have calculated the cocaine’s weight at 100 per cent purity before the sentencing hearing. The competing calculations were, however, both around 5 kilograms and excluded the cocaine previously held in the empty packaging.

4. The judge was entitled to use the Aramah guidelines as the applicable sentencing framework. Although expressed for importation, comparable sentences were appropriate for supply on a considerable scale. The conspiracy had operated over several months, and the recovered drugs represented only the conspirators’ stock at the times of the police interventions.

5. Starting points of 15 years for Coupe and 12 years for Spelman were within the guidelines and reflected their differentiated roles. The resulting sentences, though severe, disclosed no basis for appellate intervention.

• Court of Appeal (Criminal Division): dismissed the appellants’ challenges to sentence.
• Manchester Crown Court: on 26 November 2007, HHJ Steiger QC sentenced Coupe to 12 years’ imprisonment and Spelman to nine years’ imprisonment following guilty pleas to conspiracy to supply Class A drugs.