Cuni & Ors v R.

Cuni & Ors v R.

The sentence for Cuni was manifestly excessive as the starting point exceeded what is reserved for only the largest conspiracies; a starting point of 28 years was appropriate, resulting in a reduced sentence. The sentences for the other appellants were not manifestly excessive given their roles and the scale of offending, except for Cera, whose sentence breached the totality principle and was reduced.

Parties
Appellant: Armand Cuni; Appellant: Florentino Arbesu Gonzalez; Appellant: Samir Byberi; Appellant: Edvin Abazi; Appellant: Yeton Cera; Appellant: Bajram Elezi; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
27 March 2018
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
partially allowed
Legal Topics
Sentencing, Conspiracy to Supply Drugs, Possession With Intent to Supply, Money Laundering
Criminal Law Sentencing Conspiracy to Supply Drugs Possession With Intent to Supply Money Laundering

Case Brief

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Parties

Armand Cuni

Appellant

Florentino Arbesu Gonzalez

Appellant

Samir Byberi

Appellant

Edvin Abazi

Appellant

Yeton Cera

Appellant

Bajram Elezi

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed on the appellants for conspiracy to supply Class A drugs, possession with intent to supply, and money laundering were manifestly excessive
  2. 2 Whether the roles of the appellants were properly assessed by the sentencing judge
  3. 3 Whether the sentencing guidelines were properly applied

Ratio Decidendi

The sentence for Cuni was manifestly excessive as the starting point exceeded what is reserved for only the largest conspiracies; a starting point of 28 years was appropriate, resulting in a reduced sentence. The sentences for the other appellants were not manifestly excessive given their roles and the scale of offending, except for Cera, whose sentence breached the totality principle and was reduced.

Court Disposition

partially allowed

Orders

  • Cuni's sentence reduced from 22 years to 19 years' imprisonment
  • Cera's total sentence reduced to 9 years' imprisonment; sentence on count 6 quashed and replaced with 3 years consecutive