Haworth, R. v

In sentencing for possession of cocaine with intent to supply, a court may treat social supply at a large music festival as an aggravating feature. The deliberate decision to retain drugs despite repeated, clear opportunities to surrender them under an amnesty may significantly aggravate the offence.

That feature may justify an immediate deterrent custodial sentence, even where the offender has realistic rehabilitation prospects and strong personal mitigation. The absence of a profit motive remains material to guideline categorisation, but does not prevent the court from imposing custody where the circumstances make suspension inappropriate.

The appellant pleaded guilty at Chester Crown Court to possession of cocaine with intent to supply. He had taken cocaine, together with small quantities of ecstasy and cannabis, into the Creamfields Music Festival. His basis of plea was that he intended to share the cocaine with friends without financial profit or other advantage.

The offence was treated as a category 4, lesser-role offence under the definitive guideline. The sentencing judge adopted a two-year starting point because of the festival setting and the appellant’s decision to pass repeated drug-amnesty signs and bins before seeking entry. After credit for the plea, the judge imposed 18 months’ immediate imprisonment.

The appellant appealed against sentence, contending that insufficient weight had been given to the basis of plea and to the pre-sentence report, including his rehabilitation prospects and personal mitigation.

1. Appeal dismissed. The court held that the sentencing judge had made no error either in selecting a two-year starting point or in refusing to suspend the resulting 18-month sentence.

2. The judge had properly given effect to the basis of plea. The absence of a profit motive was the reason the offending fell within category 4 as a lesser-role offence, with a range from a high-level community order to three years’ imprisonment and an 18-month starting point. Without that feature, the offending would have fallen within category 3 as a significant-role offence.

3. The judge was entitled to regard supply, including social supply, at a major music festival as aggravating. The appellant had deliberately carried drugs towards the festival entrance after passing repeated signs, warnings and bins offering an opportunity to surrender them without criminal consequences. That conduct aggravated the offence beyond the venue alone.

4. The court accepted that imprisonment would have serious consequences and that the appellant had no convictions, personal mitigation and realistic prospects of rehabilitation. Nevertheless, the judge had considered suspension and was entitled to conclude that the aggravating circumstances required an immediate custodial sentence. A deterrent sentence within the definitive guideline was appropriate.

• Court of Appeal (Criminal Division): Dismissed the appeal against sentence in [2018] EWCA Crim 1232.
• Chester Crown Court: On 2 March 2018, sentenced the appellant to 18 months’ imprisonment following his guilty plea to possession of cocaine with intent to supply. No separate penalty was imposed for the simple-possession offences.