Elliot Omur Morris [2019] EWCA Crim 1367

The applicant was sentenced to 8 years and 6 months for conspiracy to supply cannabis, possessing MDMA with intent to supply and possession of cocaine, being convicted after trial of the latter two offences. He sought to renew his application for leave to appeal against sentence on the possession with intent to supply which attracted the 8 year and 6 months sentence.

The applicant was arrested as a result of the investigation into the supply of cannabis and at his premises the police found powder and tablets roughly equivalent to 360 Ecstasy tablets with a street value between £2,500 and £3,500, there was other evidence implicating him in the supply of ecstasy. The sentencing judge concluded it was a category 3 offence, the applicant took issue with the conclusion that he had a leading role. His argument was that inclusion as a leading actor would ordinarily require other participants in the enterprise subordinate to the principle.

Held: the arguments were not accepted, the judge was able to make his own assessment of the level of the applicant’s involvement having heard the trial, as the assessment was made on the basis of the evidence heard it would be rare for the Court to interfere. The Court did not accept that a defendant cannot be sentenced on the basis of directing or organising on a commercial basis unless he is part of a group. “While that may be true of directing, it does not apply, in our judgment, to organising. Organising can consist of a single person buying or selling on a commercial scale and that does not mean that other people necessarily need to be involved”. The judge clearly took the view that the applicant’s participation went beyond that of simply being a street dealer. The renewed application was refused.