R v Francesco Pura

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.

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.

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.

• 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.