REGINA v ARDIT SARASLI & ARJEL SELFO

In sentencing for large-scale drug supply, an offender’s role must be assessed by reference to what that individual actually did. Important operational functions, financial gain and awareness of the operation’s scale may justify a significant role. A leading role requires sufficient evidence of directing or organising the enterprise, substantial influence within it, or close links to its source.

The guideline starting point reflects both offence category and role. It may be substantially uplifted where the quantity greatly exceeds the Category 1 benchmark, but the resulting sentence must remain proportionate to the offender’s individual role. Aggravating and mitigating features, including other offending and a timely guilty plea, must then be brought into the final calculation.

At the Crown Court at Harrow, Sarasli and Selfo pleaded guilty to conspiracies to supply cocaine and cannabis, and to possessing criminal property. The cocaine conspiracy involved very large quantities. Sarasli performed safe-house and cash-counting functions. Selfo rented the flat used in the operation and made deliveries.

The Recorder imposed sentences of 10 years’ imprisonment on Sarasli and 14 years’ imprisonment on Selfo. Sarasli renewed an application for leave to appeal after refusal by a single judge. Selfo appealed with leave. The central issues were the proper role classification, the uplift for the quantity of cocaine, and the effect of aggravating and mitigating matters on sentence.

1. Sarasli’s renewed application for leave to appeal was refused. Selfo’s appeal was allowed. The court held that the Recorder’s sentencing remarks did not adequately explain the calculation, and it re-did the sentencing exercise under the applicable guidelines.

2. Sarasli had played a significant role in the cocaine conspiracy. He expected financial advantage unconnected with a drug habit. He was trusted with 78 kilograms of cocaine and substantial cash, and counted the proceeds. Those were important operational functions which also gave him an understanding of the scale of the operation. There was no meaningful evidence of control or exploitation. The appropriate Category 1 significant-role starting point was therefore 10 years.

3. The 5-kilogram Category 1 benchmark did not limit the sentence where the quantity was vastly greater. Sarasli’s involvement with 78 kilograms justified an uplift to about 16 years before other factors. His cannabis conspiracy and possession of criminal property were aggravating features. His remorse, previous good character and personal mitigation justified, at most, a net reduction of about one year. Full credit for his early plea reduced the resulting 15-year term to 10 years. That sentence was not manifestly excessive.

4. Selfo’s operational functions were more important: he rented the flat and delivered drugs, and his activity showed that he understood the operation’s scale. They established a particularly significant role, but not a leading role. There was insufficient evidence that he directed or organised cocaine trading, exercised substantial influence over others, or had close links to the source of supply.

5. For Selfo, the significant-role starting point was 12 years. His involvement with approximately 158 kilograms of cocaine justified an uplift to about 19 years. After allowing a net reduction for mitigation and full credit for his early plea, the proper sentence was 12 years. The 14-year sentence was quashed and replaced accordingly. The court added that this term was generally in line with Attorney General's Reference (R v Bailey v Reece) [2018] EWCA Crim 1640 and R v Wraight [2021] EWCA Crim 1968.

• Court of Appeal (Criminal Division) Selfo’s appeal against sentence was allowed and his sentence was substituted with 12 years’ imprisonment. Sarasli’s renewed application for leave to appeal against his 10-year sentence was refused.
• Crown Court at Harrow On 6 August 2021, the Recorder sentenced Sarasli to 10 years’ imprisonment and Selfo to 14 years’ imprisonment after guilty pleas to two drug-supply conspiracies and possession of criminal property.