Rex v Sam Whicker

Rex v Sam Whicker

The sentence of 4 years was unduly lenient because the judge failed to give sufficient upward adjustment for the enormous quantity of cocaine (90 kgs) transported by the offender, whose role straddled lesser and significant. The proper starting point should have been 9 years, reduced for mitigation and plea, resulting in a sentence of 5 years and 4 months.

Parties
Prosecutor: Rex; Offender: Sam Whicker
Jurisdiction
England and Wales
Judgment Date
06 October 2022
Procedural Posture
Criminal Appeal / Reference by Attorney General Under Section 36 of the Criminal Justice Act 1988
Outcome
Appeal allowed; sentence quashed and substituted
Legal Topics
Sentencing, Drug Offences, Unduly Lenient Sentences, Role of Offender, Sentencing Guidelines
Criminal Law Sentencing Drug Offences Unduly Lenient Sentences Role of Offender Sentencing Guidelines

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Parties

Rex

Prosecutor

Sam Whicker

Offender

Procedural Posture

Criminal Appeal / Reference by Attorney General Under Section 36 of the Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentence imposed on Sam Whicker was unduly lenient for being concerned in the supply of a controlled drug of Class A (cocaine)
  2. 2 Proper application of sentencing guidelines for large quantities of drugs
  3. 3 Assessment of offender's role and culpability in the offence

Ratio Decidendi

The sentence of 4 years was unduly lenient because the judge failed to give sufficient upward adjustment for the enormous quantity of cocaine (90 kgs) transported by the offender, whose role straddled lesser and significant. The proper starting point should have been 9 years, reduced for mitigation and plea, resulting in a sentence of 5 years and 4 months.

Court Disposition

Appeal allowed; sentence quashed and substituted

Orders

  • Leave granted to refer sentence as unduly lenient
  • Original sentence of 4 years quashed