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Attorney General’s Reference Nos 5-8 of 2003 (Davies, Rowan, Abbey, Hassan): CACD 14 Nov 2003

The Attorney-General referred sentences for conspiracy to supply drugs. The offenders were part of a highly professional organisation, in close contact with each other and others in this country and abroad over a period of months, which culminated in the importation of Class A and B drugs worth in the region of andpound;5 million, intended for sale in the United Kingdom.
Held: In the light of the element of double jeopardy in references of this kind, we quash the sentences on Hassan of 14 years’ imprisonment concurrent and substitute sentences of 17 years concurrent, leaving the 2-year sentences in respect of the firearms offences to run concurrently with each other but consecutively to the sentences of 17 years (i.e. 19 years in all). The court quashed the sentences of 12 years’ imprisonment concurrent imposed upon Rowan and substitute sentences of 15 years’ imprisonment concurrent; and quashed the sentences of 11 years’ imprisonment concurrent imposed upon Abbey and Davies and substituted sentences of 13 years’ imprisonment concurrent in each case.

Judges:

Lord Justice Potter Mr Justice Jack Mr Justice Cresswell

Citations:

[2003] EWCA Crim 3185

Links:

Bailii

Statutes:

Criminal Justice Act 1988 36

Jurisdiction:

England and Wales

Citing:

CitedRegina v Aramah CACD 1982
In relation to major cases of importation of Class A drugs, the starting point for consignments exceeding 5 kilos assessed by reference to 100% purity rather than total weight, is a sentence of 14 years and upwards following conviction. In a passage . .
CitedRegina v Satvir Singh 1988
Year? . .
CitedRegina v Scamaronie CACD 1992
A senior Peruvian diplomat was involved in importing a large quantity of cocaine with the aid of diplomatic paraphernalia; he was using, amongst other things, a Peruvian diplomatic pouch. He was identified by the judge as a senior figure in the . .
CitedRegina v Richardson, Regina v Teixeira etc CACD 4-Apr-1994
Richardson, was described as ‘an important member of the team’ with a ‘highly significant role in the whole enterprise’ of importing drugs to a street value of andpound;50 million, that is, 44 kgs of cocaine on one occasion and 144 kgs on another, . .
CitedRegina v Aranguren, Regina v Aroyewumi, Regina v Bioshogun, Regina v Littlewood Etc CA 23-Jun-1994
Sentences for drug importation to be based on 100% pure weight not on street value. . .
CitedRegina v Kayar CACD 2-Mar-1998
A sentence of 20 years’ imprisonment imposed following trial was reduced to one of 16 years in respect of an offender who had organised the importation of a 10.3 kilo consignment of heroin. . .
CitedRegina v DeFour CACD 1996
A sentence of 25 years imposed following trial upon an offender involved as a ‘prominent figure’, though not the organiser, in the importation of two consignments of heroin of 10 kilos and 5.7 kilos respectively was reduced from 25 years’ . .
CitedRegina v Billson CACD 2002
In this case, involving a consignment of 49 kilos at 100% purity the sentence upon the courier following his plea of guilty was reduced from 17 years to 14 on the basis that a sentence in the order of 20 years would have been appropriate upon . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 30 June 2022; Ref: scu.187783

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