Russo & Ors, R. v [2025] EWCA Crim 169 (27 February 2025)

Russo & Ors, R. v [2025] EWCA Crim 169 (27 February 2025)

Conspiracy to commit an offence under section 46 of the Serious Crime Act 2007 is an offence known to law. Supplying encrypted devices with knowledge or belief they will be used for drug supply can amount to encouraging or assisting the substantive offence. The evidence was sufficient to establish the appellants' knowledge. The judge's questioning did not render the trial unfair as it was cured by appropriate directions.

Citation
[2025] EWCA Crim 169
Parties
Respondent: Rex; First Appellant: Jason Russo; Second Appellant: Jamil Ahmed; Third Appellant: Mohammed Miah
Jurisdiction
England and Wales
Judgment Date
27 February 2025
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeals dismissed; convictions upheld.
Legal Topics
Conspiracy, Inchoate Offences, Encouraging or Assisting Crime, Serious Crime Act 2007, Criminal Law Act 1977, Encrypted Communications, Drug Offences
Criminal Law Conspiracy Inchoate Offences Encouraging or Assisting Crime Serious Crime Act 2007 Criminal Law Act 1977 Encrypted Communications Drug Offences

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Parties

Rex

Respondent

Jason Russo

First Appellant

Jamil Ahmed

Second Appellant

Mohammed Miah

Third Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether conspiracy to commit an offence under section 46 of the Serious Crime Act 2007 is an offence known to law
  2. 2 Whether supplying encrypted devices can amount to encouraging or assisting the supply of drugs
  3. 3 Whether the evidence was sufficient to establish knowledge of the appellants

Ratio Decidendi

Conspiracy to commit an offence under section 46 of the Serious Crime Act 2007 is an offence known to law. Supplying encrypted devices with knowledge or belief they will be used for drug supply can amount to encouraging or assisting the substantive offence. The evidence was sufficient to establish the appellants' knowledge. The judge's questioning did not render the trial unfair as it was cured by appropriate directions.

Court Disposition

Appeals dismissed; convictions upheld.