McCusker, R. v [2023] EWCA Crim 70 (19 January 2023)

McCusker, R. v [2023] EWCA Crim 70 (19 January 2023)

Given the offender's role at the top end of lesser role, the very large quantity of cocaine involved (far exceeding 5 kgs), and the totality of offending including a second conspiracy, the appropriate starting point before mitigation and guilty plea credit was not less than 9 years. The original sentence of 4 years and 9 months was unduly lenient and did not reflect the seriousness of the offending.

Citation
[2023] EWCA Crim 70
Parties
Prosecution: Rex; Offender: Harry McCusker
Jurisdiction
England and Wales
Judgment Date
19 January 2023
Procedural Posture
Criminal Appeal (attorney General's Reference) / Appeal Against Sentence
Outcome
appeal allowed; sentence increased
Legal Topics
Unduly Lenient Sentence, Conspiracy to Supply Drugs, Conspiracy to Convert Criminal Property, Sentencing Guidelines
Criminal Law Unduly Lenient Sentence Conspiracy to Supply Drugs Conspiracy to Convert Criminal Property Sentencing Guidelines

Case Brief

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Parties

Rex

Prosecution

Harry McCusker

Offender

Procedural Posture

Criminal Appeal (attorney General's Reference) / Appeal Against Sentence

Legal Issues

  1. 1 Whether the original sentence for conspiracy to supply Class A drugs and conspiracy to convert criminal property was unduly lenient
  2. 2 Proper application of sentencing guidelines for conspiracies involving large quantities of drugs and aggravating factors

Ratio Decidendi

Given the offender's role at the top end of lesser role, the very large quantity of cocaine involved (far exceeding 5 kgs), and the totality of offending including a second conspiracy, the appropriate starting point before mitigation and guilty plea credit was not less than 9 years. The original sentence of 4 years and 9 months was unduly lenient and did not reflect the seriousness of the offending.

Court Disposition

appeal allowed; sentence increased

Orders

  • Sentence of 4 years and 9 months on count 1 quashed
  • Substituted sentence of 6 years and 4 months' imprisonment on count 1