Kirkby v R. [2023] EWCA Crim 1293 (06 November 2023)

Kirkby v R. [2023] EWCA Crim 1293 (06 November 2023)

The appellant's sentence was justified by his leading and persistent role in large-scale drug conspiracies, his previous convictions, offending while on bail, and attempts to conceal evidence. The sentencing judge properly applied the totality principle and accounted for all relevant factors. The disparity with co-defendants was warranted by material differences in role and aggravation. The sentence was not manifestly excessive or disproportionate.

Citation
[2023] EWCA Crim 1293
Parties
Appellant: Christopher Kirkby; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
06 November 2023
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal dismissed
Legal Topics
Sentencing, Drug Offences, Conspiracy, Money Laundering, Appeal, Totality Principle, Disparity in Sentencing
Criminal Law Sentencing Drug Offences Conspiracy Money Laundering Appeal Totality Principle Disparity in Sentencing

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Parties

Christopher Kirkby

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed on the appellant was manifestly excessive
  2. 2 Whether there was unjustified disparity between the appellant's sentence and those of his co-defendants
  3. 3 Whether the totality principle was properly applied

Ratio Decidendi

The appellant's sentence was justified by his leading and persistent role in large-scale drug conspiracies, his previous convictions, offending while on bail, and attempts to conceal evidence. The sentencing judge properly applied the totality principle and accounted for all relevant factors. The disparity with co-defendants was warranted by material differences in role and aggravation. The sentence was not manifestly excessive or disproportionate.

Court Disposition

Appeal dismissed

Orders

  • The appeal against sentence is dismissed.