Whicker, R. v [2022] EWCA Crim 1330 (06 October 2022)

Whicker, R. v [2022] EWCA Crim 1330 (06 October 2022)

The sentence imposed was unduly lenient because the judge failed to give sufficient upward adjustment for the enormous quantity of cocaine (90 kgs) transported by the offender, which was 18 times the indicative guideline amount. The offender's role straddled lesser and significant, but the scale of the operation and his awareness warranted a starting point of at least 9 years before mitigation and plea discount. The proper sentence is 5 years and 4 months' imprisonment.

Citation
[2022] EWCA Crim 1330
Parties
Prosecution: Rex; Offender: Sam Whicker
Jurisdiction
England and Wales
Judgment Date
06 October 2022
Procedural Posture
Criminal Appeal (reference by Attorney General) / Appeal Against Sentence Under Section 36 Criminal Justice Act 1988
Outcome
Appeal allowed; sentence quashed and substituted
Legal Topics
Sentencing, Drug Offences, Unduly Lenient Sentences, Role Assessment in Drug Supply, Application of Sentencing Guidelines
Criminal Law Sentencing Drug Offences Unduly Lenient Sentences Role Assessment in Drug Supply Application of Sentencing Guidelines

Case Brief

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Parties

Rex

Prosecution

Sam Whicker

Offender

Procedural Posture

Criminal Appeal (reference by Attorney General) / Appeal Against Sentence Under Section 36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentence imposed on Sam Whicker for being concerned in the supply of a controlled drug of Class A (cocaine) was unduly lenient
  2. 2 Proper categorisation of the offender's role and harm under the Sentencing Guidelines for Drug Offences
  3. 3 Appropriate upward adjustment for quantity of drugs transported

Ratio Decidendi

The sentence imposed was unduly lenient because the judge failed to give sufficient upward adjustment for the enormous quantity of cocaine (90 kgs) transported by the offender, which was 18 times the indicative guideline amount. The offender's role straddled lesser and significant, but the scale of the operation and his awareness warranted a starting point of at least 9 years before mitigation and plea discount. The proper sentence is 5 years and 4 months' imprisonment.

Court Disposition

Appeal allowed; sentence quashed and substituted

Orders

  • Leave to refer sentence granted
  • Original sentence of 4 years quashed