Fred Obidi [2019] EWCA Crim 1581

The appellant pleaded guilty to two charges of possessing a class A drug with intent to supply and committed to the crown court for sentence. Two years and six months’ imprisonment was imposed on each charge to run concurrently.

The appellant had in his possession 90 wraps of heroin and cocaine that he was selling to pay off his drug debt. His was found to be a significant role, street dealing placed in category 3.

The discount given for credit was 25% which the judge said was for “technical reasons” although he did not expand on this. The appellant was entitled to a one-third discount. The starting point given, however, was below the bottom of the applicable range and should not have been. The Court considered that the starting point should have been four years before discount rather than the 3 years and four months taken by the sentencing judge. In those circumstances, the appropriate sentence, with discount, would have been two years and eight months.

The appeal was dismissed.