Johnson & Ors, R. v [2020] EWCA Crim 482 (01 April 2020)

Johnson & Ors, R. v [2020] EWCA Crim 482 (01 April 2020)

There was sufficient evidence for the jury to conclude that Anderson, Belford, McBride, and Johnson were parties to a single conspiracy involving the onward supply of cocaine, but insufficient evidence to establish that Casey was party to the larger conspiracy. The judge was correct to refuse submissions of no case to answer for all except Casey. The sentence imposed on Anderson was not manifestly excessive or wrong in principle.

Citation
[2020] EWCA Crim 482
Parties
Respondent: Regina; Appellant: Ryan Johnson; Appellant: Paul Casey; Appellant: Andrew Belford; Appellant: Robert Anderson; Appellant: Darren McBride
Jurisdiction
England and Wales
Judgment Date
01 April 2020
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeals against conviction dismissed for all appellants except Casey; Casey's appeal against conviction allowed. Anderson's application for leave to appeal against sentence and extension of time refused. McBride granted extension of time to appeal against conviction.
Legal Topics
Conspiracy, Drug Offences, Appeal Procedure, Sentencing
Criminal Law Conspiracy Drug Offences Appeal Procedure Sentencing

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Respondent

Ryan Johnson

Appellant

Paul Casey

Appellant

Andrew Belford

Appellant

Robert Anderson

Appellant

Darren McBride

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether there was sufficient evidence of a single conspiracy involving all appellants
  2. 2 Whether the trial judge erred in refusing to dismiss the case against the appellants at the close of the prosecution case
  3. 3 Whether the sentences imposed were manifestly excessive or wrong in principle

Ratio Decidendi

There was sufficient evidence for the jury to conclude that Anderson, Belford, McBride, and Johnson were parties to a single conspiracy involving the onward supply of cocaine, but insufficient evidence to establish that Casey was party to the larger conspiracy. The judge was correct to refuse submissions of no case to answer for all except Casey. The sentence imposed on Anderson was not manifestly excessive or wrong in principle.

Court Disposition

Appeals against conviction dismissed for all appellants except Casey; Casey's appeal against conviction allowed. Anderson's application for leave to appeal against sentence and extension of time refused. McBride granted extension of time to appeal against conviction.

Orders

  • Conviction of Paul Casey quashed
  • Convictions of Ryan Johnson, Andrew Belford, Robert Anderson, and Darren McBride upheld