Negus Nelson [2019] EWCA Crim 1453

The appellant pleaded guilty to possession with intent to supply heroin and cocaine and was sentenced to concurrent terms of 8 years’ imprisonment on each count.

The appellant was stopped in a car and found in possession of a quantity of cocaine and cash; he was released on police bail. A few months later, in a search of his home address, further amounts of heroin and cocaine were seized. He was again released on bail, 5 months later cocaine was recovered from a vehicle linked to him, and a month later £5,492 was seized from his home address. He pleaded guilty on the basis that he was a drug user and supplier from time to time, his criminality fluctuated depending on his financial need and drug habit.

The sole ground of appeal was that the judge was wrong to adjust the starting point to 12 years because of the length of time of the dealing, that he continued to offend on bail, the purity of the drugs and the fact a stun gun was found.

Held: some judges may have taken a lower starting point, but the question was whether the total sentence was manifestly excessive. Having considered the totality of the offending, the sentence was appropriate; the appeal was dismissed. The appellant pleaded guilty to possession with intent to supply heroin and cocaine and was sentenced to concurrent terms of 8 years’ imprisonment on each count.

The appellant was stopped in a car and found in possession of a quantity of cocaine and cash; he was released on police bail. A few months later, in a search of his home address, further amounts of heroin and cocaine were seized. He was again released on bail, 5 months later cocaine was recovered from a vehicle linked to him, and a month later £5,492 was seized from his home address. He pleaded guilty on the basis that he was a drug user and supplier from time to time, his criminality fluctuated depending on his financial need and drug habit.

The sole ground of appeal was that the judge was wrong to adjust the starting point to 12 years because of the length of time of the dealing, that he continued to offend on bail, the purity of the drugs and the fact a stun gun was found.

Held: some judges may have taken a lower starting point, but the question was whether the total sentence was manifestly excessive. Having considered the totality of the offending, the sentence was appropriate; the appeal was dismissed.