R v Francesco Pura

[2023] EWCA Crim 776

Case details

Case citations
[2023] EWCA Crim 776
Court
Court of Appeal (Criminal Division)
Judgment date
23 June 2023
Judgment text

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Subjects
Criminal Sentencing Drug offences
Keywords
sentencing class A drugs lesser role Category 3 offence guilty plea reduction manifestly excessive sentence mitigation criminal property
Outcome
appeal allowed
Judicial consideration

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Summary

In sentencing a lesser-role offender for a Category 3 class A drug offence, the guideline starting point must be adjusted to reflect the amount and value of the drugs. The sentencing court must also give effect to accepted mitigation, including the absence of previous convictions. The guilty-plea reduction is then applied to the appropriate sentence before credit. A sentence that fails sufficiently to reflect those matters may be manifestly excessive.

Factual background

The appellant pleaded guilty in the Crown Court at Lewes to possessing cocaine with intent to supply and possessing criminal property. The sentencing judge accepted that he had played a lesser role because he had been pressured to deal in drugs, but imposed concurrent sentences of 45 months’ imprisonment. The appellant appealed against sentence, arguing that the sentence exceeded the appropriate range and failed to reflect his mitigation. The central issue was whether the sentences were manifestly excessive.

Held

The appeal was allowed and the sentences were reduced.

  1. The applicable guideline starting point for a lesser role in a Category 3 class A drug offence was three years’ imprisonment.
  2. An upward adjustment was appropriate to reflect the amount and value of the cocaine. However, the sentencing judge also had to allow for the accepted mitigation, particularly the appellant’s absence of previous convictions.
  3. Taking those matters together, the appropriate sentence before credit for the guilty plea was in the region of four years. Applying the 25 per cent reduction for the guilty plea produced a sentence of three years.
  4. The sentences of 45 months were therefore manifestly excessive. The court quashed the sentences on both counts and substituted concurrent sentences of three years for each offence.

The court’s approach to earlier authorities

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Appellate history

  • Crown Court at Lewes: on 6 March 2023, imposed concurrent sentences of 45 months’ imprisonment for possessing class A drugs with intent to supply and possessing criminal property.
  • Court of Appeal (Criminal Division): allowed the appeal, quashed both sentences and substituted concurrent sentences of three years.

Lower court decision

Judgment appealed:
Not stated in the judgment
Outcome:
appeal allowed

Key cases cited

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Cases citing this case

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