R v Nathan Wilson & Ors

In sentencing for a drug conspiracy, the Sentencing Council guideline may be used but is not expressly controlling and should not be applied mechanically. The court must assess the conspiracy’s overall enterprise, including quantities intended or foreseen, rather than focusing only on the defendant’s personal transactions. Police termination does not necessarily limit the assessment to drugs already supplied. A sentencing judge may use the lead count to reflect serious concurrent criminality, including by an uplift above the range for a single offence. Totality is a matter of judgment. On appeal, substantial weight is due to the judge who managed the conspiracy, and interference requires an error of principle, an obviously mistaken factual basis, or an assessment no reasonable judge could make.

Three defendants pleaded guilty to drug conspiracies arising from two related organised crime operations. The Crown Court at Nottingham sentenced Wilson to five years and 10 months, Fejzullai to 14 years and six months, and Budziskewski to 15 years.

Wilson appealed by leave against sentence. Fejzullai and Budziskewski renewed applications for leave to appeal after refusal by the single judge. The issues concerned the application of the drug-supply guideline to conspiracies, the assessment of quantities and roles, mitigation, guilty-plea reductions, and the proper approach to totality and appellate intervention.

The court dismissed Wilson’s appeal and refused the renewed applications of Fejzullai and Budziskewski. Fejzullai was granted an extension of time to renew his application because the delay was substantially administrative, caused no prejudice, and was not otherwise meritorious.

1. General sentencing principles. The drug-supply guideline was an appropriate aid but did not expressly govern conspiracy sentencing and was not to be applied slavishly. A conspiracy supported the overall enterprise, so the defendant’s personal quantity was of lesser relevance. Harm could include quantities intended or foreseen by the conspirators and the intended future continuation of a conspiracy ended by police action. The court referred to Pitts [2014] EWCA Crim 1615, Smith [2020] EWCA Crim 994 and Cavanagh [2021] EWCA Crim 1584.
2. Appellate restraint. The court would be slow to interfere with a sentence imposed by a judge who had managed the conspiracy and conducted any trials or Newton hearings. Intervention required an obviously mistaken factual basis, an error of principle, or an assessment of weight which no reasonable judge could have formed. The court relied on Williams (Declan Craig) [2019] EWCA Crim 279 and Hughes [2021] EWCA Crim 447.
3. Wilson. His introduction of Chapman amounted to brokering a cocaine supply relationship, rather than merely passing on a telephone number. His wider role included more than a year as a customer-dealer. The Category 2 starting point was therefore justified, and the sentencing judge was entitled to give limited additional weight to Covid conditions and the timing of his guilty pleas. The sentence was neither wrong in principle nor manifestly excessive.
4. Fejzullai and Budziskewski. In a conspiracy involving drugs purchased for onward supply, distinguishing purchased quantities from quantities demonstrably supplied was artificial. The starting points and aggravating factors were justified. A sentence on the lead count could exceed the guideline range for a single offence where it also reflected serious concurrent criminality. Totality was a question of judgment, not a mechanical calculation, and the uplifts represented substantial discounts compared with consecutive sentences. Neither sentence was arguably disproportionate.

• Court of Appeal (Criminal Division). In [2024] EWCA Crim 124, Wilson’s appeal was dismissed; Fejzullai’s extension of time was granted but his renewed application was dismissed; and Budziskewski’s renewed application was dismissed.
• Crown Court at Nottingham. HHJ Warburton sentenced Wilson and Fejzullai on 2 December 2022, and Budziskewski on 12 December 2022, for their respective guilty pleas to drug-related conspiracies and associated offending.