Cooper & Ors, R. v [2017] EWCA Crim 558 (29 March 2017)

Cooper & Ors, R. v [2017] EWCA Crim 558 (29 March 2017)

The sentencing judge was entitled to make evidence-based findings as to the scale of the drug trafficking and the roles of the appellants, and to apply the Sentencing Council's Definitive Guideline accordingly. The sentences imposed, with minor exceptions, were not manifestly excessive given the seriousness,...

Source-derived case information.

Citation
[2017] EWCA Crim 558
Parties
Prosecution: Regina; Appellant: Martin Francis Cooper; Appellant: Jonathan Paul Ferry; Appellant: Jamie Alan Darby; Appellant: Adam Lee Higgs; Appellant: Paul James Hull; Appellant: Stuart Andrew Frazier; Appellant: Tyrone Sly; Appellant: James Robert Straw
Jurisdiction
England and Wales
Judgment Date
29 March 2017
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeals dismissed except as to sentences on count 4 for Sly and Straw and on counts 1 and 2 for Darby, which were reduced.
Legal Topics
Sentencing, Conspiracy to Supply Controlled Drugs, Drug Trafficking, Sentencing Guidelines, Appeal Against Sentence
Criminal Law Sentencing Conspiracy to Supply Controlled Drugs Drug Trafficking Sentencing Guidelines Appeal Against Sentence

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Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Martin Francis Cooper

Appellant

Jonathan Paul Ferry

Appellant

Jamie Alan Darby

Appellant

Adam Lee Higgs

Appellant

Paul James Hull

Appellant

Stuart Andrew Frazier

Appellant

Tyrone Sly

Appellant

James Robert Straw

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed on the appellants for conspiracy to supply controlled drugs were manifestly excessive
  2. 2 Whether the sentencing judge erred in assessing the quantities of drugs involved and the roles of the appellants
  3. 3 Whether the sentencing judge properly applied the Sentencing Council's Definitive Guideline

Ratio Decidendi

The sentencing judge was entitled to make evidence-based findings as to the scale of the drug trafficking and the roles of the appellants, and to apply the Sentencing Council's Definitive Guideline accordingly. The sentences imposed, with minor exceptions, were not manifestly excessive given the seriousness, organisation, and scale of the conspiracies.

Court Disposition

Appeals dismissed except as to sentences on count 4 for Sly and Straw and on counts 1 and 2 for Darby, which were reduced.

Orders

  • Sentences of six years on count 4 for Sly and Straw quashed and replaced with two years concurrent.
  • Darby's sentences of ten years and five years quashed and replaced with six years on count 1 and two years on count 2 concurrent.