Mount & Ors, R. v [2024] EWCA Crim 461 (07 March 2024)

Mount & Ors, R. v [2024] EWCA Crim 461 (07 March 2024)

The trial judge was entitled to rely on the evidence, including EncroChat messages, to determine the scale, classification, and intention regarding the production and supply of injectable amphetamine as class A. The judge's findings on quantities, roles, and aggravating factors were supported by the evidence. The seriousness and scale of the conspiracies justified sentences outside the guideline range. Reductions for guilty pleas were appropriately calibrated. No manifest error or wrong principle was identified in the sentences imposed.

Citation
[2024] EWCA Crim 461
Parties
Prosecution: Rex; Appellant/defendant: Paul Michael Mount; Appellant/defendant: Stefon Beeby; Applicant/defendant: Michael Joseph Pope; Appellant/defendant: Anthony Paul Saunderson; Applicant/defendant: Stephen Raymond Shearwood; Appellant/defendant: Darren Owens; Appellant/defendant: Kieron Ian Hartley
Jurisdiction
England and Wales
Judgment Date
07 March 2024
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Sentence Appeals and Renewed Applications
Outcome
All appeals and renewed applications dismissed; sentences upheld.
Legal Topics
Sentencing, Drug Offences, Conspiracy, Firearms Offences, Appeal Procedure
Criminal Law Sentencing Drug Offences Conspiracy Firearms Offences Appeal Procedure

Case Brief

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Parties

Rex

Prosecution

Paul Michael Mount

Appellant/defendant

Stefon Beeby

Appellant/defendant

Michael Joseph Pope

Applicant/defendant

Anthony Paul Saunderson

Appellant/defendant

Stephen Raymond Shearwood

Applicant/defendant

Darren Owens

Appellant/defendant

Kieron Ian Hartley

Appellant/defendant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Sentence Appeals and Renewed Applications

Legal Issues

  1. 1 Whether the sentences imposed for conspiracies to produce and supply injectable amphetamine (class A) and other drugs were manifestly excessive or wrong in principle; Whether the trial judge correctly assessed the quantities and classification of drugs for sentencing; Whether the roles and mitigation of individual appellants were properly considered; Whether reductions for guilty pleas were appropriately applied; Whether sentences outside the Sentencing Council guideline range were justified in the circumstances.

Ratio Decidendi

The trial judge was entitled to rely on the evidence, including EncroChat messages, to determine the scale, classification, and intention regarding the production and supply of injectable amphetamine as class A. The judge's findings on quantities, roles, and aggravating factors were supported by the evidence. The seriousness and scale of the conspiracies justified sentences outside the guideline range. Reductions for guilty pleas were appropriately calibrated. No manifest error or wrong principle was identified in the sentences imposed.

Court Disposition

All appeals and renewed applications dismissed; sentences upheld.