Neilton Campbell [2019] EWCA Crim 1450

The appellant was sentenced to a total of 6 years and 3 months imprisonment for conspiracy to supply heroin and cocaine. He was also sentenced for driving otherwise in accordance with a licence and 3 penalty points were imposed. As part of the sentencing exercise he was also disqualified from driving for 18 months and said to be extended by 3 years to commence on his release. He appealed in respect of the disqualification only.

In passing sentence, the judge commented on the use of a car in involvement with the ‘county line’ business and as such said the disqualification was appropriate.

Held: the court does have a discretion in certain circumstances to impose a period of disqualification from driving. However, the only conspiracy which engages s147(3) is one where a vehicle is used directly in the formation of the conspiracy itself, it was not sufficient that it was used in acts in furtherance of it. There was no proper evidential basis in this case to support the conclusion the appellant drove any vehicle in the formation of the conspiracy. The only evidence of hire of vehicles was March to May, and the conspiracy had begun in January. The disqualification was quashed.