R v Jake Kiernan & Ors

In sentencing organised drug conspiracies, the quantity recovered at the end of an operation may not represent the quantity supplied. The conspiracy must be assessed realistically, including its duration, scale and sophistication. Concurrent sentences for related Class B conspiracies must not leave significant offending unpunished. When imposing a suspended sentence order, the custodial term is fixed without deducting remand or qualifying-curfew time. A custodial sentence exceeding two years may still be moderate for the guideline permitting a community order, but the approach requires exceptionally high prospects of rehabilitation and exceptional mitigation. Care responsibilities and the interests of blameless children are material. Even after identifying undue leniency, the appellate court retains discretion whether to alter the sentence.

The Solicitor General referred nine sentences imposed by the Crown Court at Caernarfon under section 36 of the Criminal Justice Act 1988, alleging that they were unduly lenient. The offenders had participated in organised conspiracies involving Class A and Class B drugs, with some also convicted of cultivation or permitting premises to be used for drug supply.

The Court of Appeal considered the proper categorisation of the Class A conspiracy, the effect of concurrent sentences for related Class B offences, the treatment of time spent on remand when imposing suspended sentences, and whether a community order could replace a four-year custodial sentence. The central issues were whether the sentences were wrong in principle or unduly lenient and, if so, whether they should be increased.

Disposition. Leave was granted for each reference under section 36 of the Criminal Justice Act 1988. The sentences of Jake Kiernan, Jamie Steele and Nicholas Reynolds were unduly lenient and were increased. Danielle Steele’s community order was upheld. The sentences of Melanie Kiernan, Ryan Potts, Clint Woodcock, Charlie Thorley and James Kiernan were wrong in principle, but the court declined to alter them in the exercise of its discretion.

1. Drug quantities and categorisation. The quantity recovered at the end of a conspiracy represented unsold stock and did not establish the quantity supplied. The court had to assess the operation realistically, considering its duration, sophisticated structure, sourcing, storage and distribution. The Class A conspiracy was properly treated as category 1. The substituted sentences were 10 years 8 months for Jake Kiernan, 7 years 4 months for Jamie Steele and 9 years for Nicholas Reynolds. The Class B sentences remained concurrent.
2. Concurrent offences. It was an error to impose concurrent sentences after reducing the Class A sentence so substantially that the significant Class B conspiracies were effectively left unpunished. The lead sentence had to reflect the offenders’ involvement in those additional conspiracies.
3. Remand and suspended sentences. The relevant guideline required the suspended custodial term to be fixed without reference to time spent on remand or on a qualifying curfew. That time would be deducted if the sentence were activated following breach. If a significant proportion of the term had already been served, the court had to consider whether suspension remained appropriate. A bespoke deduction to make a sentence suspendable was an error of principle.
4. Community orders and moderate custody. The expression moderate length custodial sentence was deliberately undefined and could include a sentence exceeding two years. A four-year term was not automatically outside the guideline. Following and approving the approach in R v White ([2024] EWCA Crim 1390; [2025] 1 Cr App R(S) 28), the court held that exceptionally high prospects of rehabilitation and exceptional mitigation were required before adopting that alternative. Those features existed in Danielle Steele’s case, including exploitation by her brother, vulnerability, serious ill-health, caring responsibilities and remorse.
5. Children and caring responsibilities. The principles in R v Petherick ([2012] EWCA Crim 2214; [2013] 1 Cr App R(S) 116) applied. The interests and future of blameless children must be taken into account. They carry less weight where lengthy immediate imprisonment is unavoidable and alternative care must be arranged, but significant weight was justified here.

• Court of Appeal (Criminal Division). On references under section 36 of the Criminal Justice Act 1988, leave was granted. Three sentences were quashed and increased, Danielle Steele’s sentence was upheld, and five sentences were left unchanged despite errors of principle.
• Crown Court at Caernarfon. Her Honour Judge Nicola Jones sentenced the nine offenders for organised drug-related conspiracies and associated offences. The Solicitor General challenged the sentences as unduly lenient.