Michael & Ors, R.

In sentencing a substantial commercial drugs conspiracy, the court must assess the whole picture, including its duration, scale, sophistication, geographical reach and each offender’s role. Drug quantity remains relevant, but should not be given disproportionate weight. County lines activity may be aggravating because it demonstrates an extensive and insidious operation, provided it is not counted twice.

Comparisons with sentences in other cases are necessarily limited. A sentence imposed for separate vicious offending may properly be consecutive even where committed during, and connected with, the conspiracy, if totality is respected. The appellate court will not interfere unless the overall sentence is manifestly excessive or wrong in principle.

Three appellants challenged sentences imposed by HHJ Murray in the Crown Court at Liverpool on 19 December 2019 after two trials concerning a Liverpool organised criminal group supplying Class A and Class B drugs in several cities.

Cornett, the principal leader, received 26 years’ imprisonment. Rice, a principal day-to-day organiser who pleaded guilty, received 12 years and eight months’ imprisonment consecutive to an existing six-year firearms sentence. Clough, a senior organiser in Devon, received 12 years’ imprisonment consecutive to an eight-year sentence for false imprisonment.

The appeals raised whether the sentences were manifestly excessive, whether county lines activity or the advancement of the wider conspiracy had been double counted, whether sentences had been improperly bunched, and whether totality required Clough’s false-imprisonment sentence to be subsumed.

1. All appeals were dismissed. There was no visible fault or flaw in the sentencing judge’s detailed assessment. The conspiracy was large, sophisticated, persistent and geographically extensive. For its leaders, sentences exceeding 20 years before plea credit were inevitable.

2. The judge was entitled to treat the crossing of county boundaries as important because it showed that the operation was extensive and insidious. Applying the approach stated in R v Ajayi [2017] EWCA Crim 1011, county lines activity was capable of aggravating sentence. The judge had expressly guarded against double counting, and there was no basis to conclude that he had counted the feature twice.

3. The court held that considerable caution was required before placing excessive weight on drug quantity. The judge had adopted a conservative quantity of 20kg of Class A drugs and 10kg of Class B drugs. He was entitled to assess the full picture: duration, scale, sophistication, geographical scope and the differing roles within the hierarchy.

4. There was no improper bunching. The judge had considered each offender individually and calibrated the sentences according to role. Comparisons with sentences upheld in other appeals, including R v Welsh [2014] EWCA Crim 1027, could provide only limited assistance because each case turned on its facts.

5. Rice’s sentence properly reflected totality. The two-year reduction from the adjusted sentence for the drugs conspiracy was a reasonable allowance for the existing firearms sentence.

6. Clough’s false imprisonment was separate and vicious criminality requiring separate marking. Its occurrence during, and connection with, the conspiracy did not require its sentence to be subsumed. The judge’s two-year totality reduction meant that the overall 20-year term was not manifestly excessive.

• Court of Appeal (Criminal Division) — dismissed the three appeals against sentence: [2020] EWCA Crim 1450.
• Crown Court at Liverpool — HHJ Murray sentenced the appellants on 19 December 2019 following two trials concerning conspiracies to supply Class A and Class B drugs.