Kingston [2019] EWCA Crim 811

The appellant was committed for sentence pursuant to s3 of the Powers of Criminal Courts (Sentencing) Act 2000 following a guilty plea to possession with intent to supply cocaine. He appealed against the imposition of a 12 year term of imprisonment.

He was stopped driving a car containing a number of bags and said he believed they contained “hash”, they were found to contain 35 blocks of high purity cocaine with a wholesale value of £1,085,000 and a street value of £2.8 million. In a Newton hearing the Deputy Judge found that he could not be satisfied that the appellant must have known the packages contained cocaine, the appellant pleaded guilty on the basis that he believed he was carrying cannabis.

The appellant appealed on the grounds that the starting point was too high and insufficient allowance was made for the mitigation. It was conceded that the role was significant and the quantity of drugs and the value, reflect the gravity of the offence. However, there had to be a reduction in sentence to reflect the finding of fact made by the Deputy Judge. The starting point would have been appropriate had the appellant known that the drugs were cocaine. With a reduction for plea and to reflect knowledge as found by the judge the appropriate sentence was nine years’ imprisonment.