Leacock & Anor, R. v [2026] EWCA Crim 490 (01 April 2026)

Leacock & Anor, R. v [2026] EWCA Crim 490 (01 April 2026)

The Recorder erred in her application of the sentencing guidelines by failing to properly account for multiple high culpability factors, the vulnerability of victims, and the aggravating effect of previous convictions. The sentences imposed were unduly lenient and immediate custodial sentences were required. The appropriate sentences were 2 years 8 months for fraud and 16 months consecutive for drug offences for the first offender, and 3 years' imprisonment for the second offender.

Citation
[2026] EWCA Crim 490
Parties
Prosecution: Rex; First Offender: Mark Adrian Leacock; Second Offender: Justin Reis
Jurisdiction
England and Wales
Judgment Date
01 April 2026
Procedural Posture
Criminal Appeal (attorney General's Reference Under S.36 Criminal Justice Act 1988) / Court of Appeal Judgment on Unduly Lenient Sentence Reference
Outcome
Appeal allowed; sentences quashed and substituted.
Legal Topics
Sentencing, Fraud, Conspiracy to Defraud, Possession With Intent to Supply Class a Drugs, Attorney General's Reference, Unduly Lenient Sentences
Criminal Law Sentencing Fraud Conspiracy to Defraud Possession With Intent to Supply Class a Drugs Attorney General's Reference Unduly Lenient Sentences

Case Brief

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Parties

Rex

Prosecution

Mark Adrian Leacock

First Offender

Justin Reis

Second Offender

Procedural Posture

Criminal Appeal (attorney General's Reference Under S.36 Criminal Justice Act 1988) / Court of Appeal Judgment on Unduly Lenient Sentence Reference

Legal Issues

  1. 1 Whether the sentences imposed for conspiracy to defraud and drug offences were unduly lenient
  2. 2 Proper categorisation and application of sentencing guidelines for fraud and drug offences
  3. 3 Appropriate adjustment for aggravating and mitigating factors, including previous convictions and vulnerability of victims

Ratio Decidendi

The Recorder erred in her application of the sentencing guidelines by failing to properly account for multiple high culpability factors, the vulnerability of victims, and the aggravating effect of previous convictions. The sentences imposed were unduly lenient and immediate custodial sentences were required. The appropriate sentences were 2 years 8 months for fraud and 16 months consecutive for drug offences for the first offender, and 3 years' imprisonment for the second offender.

Court Disposition

Appeal allowed; sentences quashed and substituted.

Orders

  • First offender: sentence of 2 years 8 months for fraud and 16 months for each drug offence, drug sentences concurrent with each other but consecutive to fraud sentence.
  • Second offender: sentence of 3 years' imprisonment.