Joseph Achina [2019] EWCA Crim 999

The applicant changed his plea to guilty to an offence of theft and was sentenced to 2 years and 6 months’ imprisonment. He was a pharmacist and manager of an in-house pharmacy at a health centre. He pleaded guilty to stealing medication over a 9 month period. An internal investigation found around 4,000 diazepam tablets missing with a value of £3,333.

The applicant admitted to the company that he had sent drugs back to his family in Ghana. When arrested further medication was found at his home and analysis of his phone and iPad found he had been offering drugs for payment. The total value of the theft was around £4,400. He was sentenced on a full facts basis of repeated thefts over a period of many months.

It was argued on appeal that the judge had taken a starting point that was too high and failed to give sufficient credit for plea.

Held: the judge was entitled to find this was a Category 2A offence, high culpability came with the high degree of trust and responsibility due to his role and category 2 harm came from the medium value of the drugs stolen together with the significant additional element of harm in the nature of the drugs stolen. The offence was significantly aggravated by the sustained period of offending and the fact the drugs were stolen to order and for profit. The appeal was dismissed.