SUPPLY NO 2 Volume 2
340.45 Cannabis
Class B
Local dealer
Post-guideline case
R v Arslam 2016 EWCA Crim 321, 2 Cr App R (S) 8 (p 33) D pleaded to suppling 1.44 grams of cannabis.
An undercover officer, UO saw D in Church Road and said he wanted drugs. D referred him to C standing
nearby and the officer bought cannabis for £10. UO then asked D for a telephone number to buy cannabis
in the future. D supplied that and a mobile. The next day, UO used the number to arrange to buy cannabis.
D instructed him to go to Church Road and UO bought £20 worth of skunk cannabis. Nearly three weeks
later, police stopped C and another in Church Road and then found D in a nearby car with three mobile
phones, including the one with the number with which the undercover officer had been supplied with. D
also had £670 on him. He was arrested and bailed in respect of the events that day. Eight days later, UO
returned to Church Road to buy cannabis. He spoke to a co-offender and was told to wait. D arrived and
supplied a bag of cannabis to the co-offender. £20 of skunk cannabis was then sold to UO. D was aged 21
and had previous convictions including two for supplying cannabis, (first a suspended sentence and the
second seven months' detention in a YOI, public disorder and possession of an offensive weapon. The Judge
determined D was a ‘low level leader, if not he was a high significant role’. The range for a significant role
was 26 weeks to 3 years. The Judge gave D 4 years, (the same as for a leading role). The starting point of
four years is longer than an offence of supplying this amount of cannabis would generally warrant.
However, the judge's sentence was justified.
Note. The problem here is the charge. D could have been charged with being concerned in the supply of
cannabis covering the first to last day. This would enable all the offending to be reflected in the charge,
plus the inference that D was part of a retail outlet operating each or most days. Ed.
340.63 Defendant aged under 18
R v CC 2015 EWCA Crim 2040 D pleaded (full credit) to possession of heroin and cocaine with intent. D,
aged 17 and 12 days, was stopped in a town centre for a drugs search. At the police station, 20 heroin and
20 cocaine wraps were found between his buttocks. D later claimed he was holding the drugs for a third
party and he was fearful of reprisals. D had 10 previous sentencing hearings for 23 offences. One offence
was for burglary and most were for violence. He had one previous conviction for possession of cannabis.
D was given Youth Rehabilitation Orders for all the convictions and he was in breach of an order. D’s claim
about holding the drugs was not accepted by the prosecution but there was no Newton hearing as the
prosecution said it was a Category 3 case as there was a financial element (giving a 4 ½-year starting point
for an adult). The Court was invited to sentence without a report and did so. One was ordered for the appeal.
D could not be interviewed for it because his bad behaviour had caused him to be moved to Wales. D could
not be interviewed by telephone because he was confined to his cell because of his behaviour. This report
said he was in care and because of bad behaviour had had 16 placements since 2011. D viewed his offending
as comical and exciting. Further, D lacked maturity and had ADHD. Held. It was a Category 3 case with a
significant role. The Judge could have started above the starting point. However, the basis of plea was
important as it was not absurd so had to be accepted. That would have put D in the bottom of the range.
Except for the breach of the Youth Rehabilitation Order there were no aggravating factors. His age of just
17 was a mitigating factor. Taking into account the days served on remand [not revealed] and the early plea,
24 months DTO not 3 years’ detention.
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