Sanghera & Ors v R

The definitive guideline for drug offences applies to conspiracies to import or supply controlled drugs. Where an operation is on a very serious and commercial scale, and the quantity greatly exceeds Category 1, a sentence of 20 years or more may be justified according to the offender’s role. Indicative drug weights are not mechanical thresholds. Sentencing must reflect culpability, harm, comparative responsibility and the offender’s position within the enterprise.

At the highest levels, a starting point of 30 years will generally be reserved for the most massive importations. Credit for a guilty plea depends on its timing and scope. In a complex multi-defendant case, particular credit may be due to the first defendant to break ranks, although an unsuccessful challenge at a Newton hearing may reduce that credit.

The four appellants participated to differing degrees in conspiracies involving the importation and supply of high-purity cocaine brought from Mexico through Heathrow Airport. The enterprise used corrupt airport employees, false release documentation and couriers. Two disrupted shipments contained nearly 40 kilograms of cocaine; the February shipment also contained 100 rounds of 9mm ammunition.

At the Crown Court at Southwark, Judge Robbins sentenced Sanghera to 30 years’ imprisonment, Atkar to 21 years, and Brown and O’Meara to 13 years each. The judge did not state either the starting points adopted or the credit allowed for guilty pleas.

Each appellant appealed against sentence. The central issues were the proper starting points for a large-scale drugs conspiracy, the appropriate plea discounts, and totality for Sanghera’s consecutive ammunition sentence.

1. The appeals were allowed to a limited extent. The conspiracy was exceptionally serious. It involved almost 40 kilograms of high-purity cocaine, international planning, corruption of airport staff and substantial public-security risks. The sentencing guideline applied to the conspiracies, notwithstanding that the indicative Category 1 quantity was far exceeded.

2. Where drug quantity substantially exceeds Category 1, sentencing remains an evaluative exercise. Sentences of 20 years or more may be appropriate, but the court must distinguish offenders by their culpability, role and comparative importance. A 30-year starting point will generally be confined to the most massive importations. Sanghera was a leading participant but not the mastermind, and 40 kilograms was not comparable with the largest importations. His proper starting point for the cocaine conspiracy was therefore 27 years, rather than 30 years.

3. The court determined the plea discounts itself because the judge had not done so. Atkar was entitled to 20 per cent credit as the first defendant to plead guilty in a complex multi-defendant case, though his unsuccessful Newton hearing reduced the credit otherwise available. Sanghera was entitled to one-sixth on the cocaine count and 10 per cent on the late ammunition plea. Brown and O’Meara were each entitled to 20 per cent.

4. Applying those conclusions, Sanghera’s cocaine sentence was reduced to 22½ years. His consecutive ammunition sentence was reduced to 3½ years, producing a total of 26 years. Atkar’s sentence was reduced to 19 years. Brown’s and O’Meara’s sentences were each reduced to 11 years.

• Court of Appeal (Criminal Division) — Allowed the sentence appeals to a limited extent and substituted reduced sentences: [2016] EWCA Crim 94.
• Crown Court at Southwark — Judge Robbins imposed sentences of 30 years on Sanghera, 21 years on Atkar, and 13 years each on Brown and O’Meara.