Michael Lloyd [2019] EWCA Crim 1192

The appellant pleaded guilty to conspiracy to evade the prohibition in the importation of controlled drugs and was sentenced to 7 years and 3 months imprisonment. The appellant and a co-accused were involved in a professional conspiracy to import 15kg of high purity cocaine from Spain to the UK. Two undercover NCA officers infiltrated the conspiracy and met with the two defendants. Drugs were handed over in Spain and swapped for a similar looking substance and conveyed into the UK in accordance with the arrangements made. The cocaine seized was 15kg of 80% purity, sold as street deals the value would have been £2.4m.

The appellant was the subject of a European Arrest Warrant and returned to the UK four years later and pleaded guilty. The sentencing judge expressed concern at the apparent leniency of the sentence for a co-accused where 6 years and 8 months was imposed.

The ground of appeal for which leave was granted was that the judge erred in reducing credit for plea to 20% on the basis that he had absconded. The Court had no hesitation in agreeing that the approach was flawed.

Nevertheless, notwithstanding the judge’s error, it is impossible to say that the sentence actually imposed was manifestly excessive, even with impermissibly limited credit the sentence was significantly shorter than the appellant should have received. “A sentence shorter than it should have been is not to be converted into one that has to be assessed as manifestly excessive just because a co-defendant, sentenced by a different judge on a different occasion, also received a sentence that was too short.”