201003192 D3, 201000475 D3, 201003956 D3, 201000460 D3, 201000461 D3, 201000463 D3, 201000478 D3, 201001256 D3, 201003196 D3, 201003370 D3, 201004717 D3, 201000465 D3 |
ON APPEAL FROM Liverpool Crown Court on 18th May 2010 before HHJ Brown
Strand, London, WC2A 2LL |
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B e f o r e :
MR JUSTICE TREACY
and
HHJ KRAMER QC
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LITWINSKI & ORS |
Appellants |
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- and - |
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CPS |
Respondent |
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Tayab Khan (instructed by Middleweeks, Solicitors) for Karol Siedja
James Lake (instructed by Tates, Solicitors) for Delroy Powell
Mark Stephenson (instructed by Pearson Fielding, Solicitors) for James Boyle
Christopher Harding (instructed by TNT Kelly, Solicitors) for Krysztof Kownacki
Mark Stuart (instructed by Messrs Furley, Solicitors) for Natalie Nicholls
Jason Smith (instructed by Burton Copeland, Solicitors) for Karen Forshaw
Tom Mitchell and Sarah Holt (instructed by Forbes, Solicitors) for Nyome Hue
Richard Gray (instructed by The Registrar) for Majeed Shah
Gordon Ross (instructed by Blackfords, Solicitors) for Jason Bowley (appeared pro-bono)
Andrew Smith and Stephen McNally (instructed by Morgan, Brown & Cahill, Solicitors) for Lucasz Litwinski
Tomasz Wisniewski and Mohammed Bawla – were unrepresented
Respondent:
Brian Cummings QC and Mark Ainsworth (instructed by CPS)
Hearing date : 9 March 2011
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Crown Copyright ©
Lord Justice Pitchford :
The issues in the appeal
The criminal enterprises proved
Count 1: Conspiracy between 1 September 2006 and 19 October 2008 to supply controlled drugs of class A namely cocaine and/or MDMA contrary to section 4(1)(b) Misuse of Drugs Act 1971.Count 2: Conspiracy between 1 September 2006 and 19 October 2008 to supply controlled drugs of class C namely cannabis contrary to section 4(1)(b) Misuse of Drugs Act 1971.
Count 3: Conspiracy between 1 September 2006 and 7 August 2007 to transfer prohibited weapons in contravention of section 5 Firearms Act 1968.
Count 4: Conspiracy between 1 September 2006 and 7 August 2008 to transfer prohibited ammunition in contravention of section 5 Firearms Act 1968.
Substantive offences were charged in counts 5 - 9 of the indictment to some of which we shall need to refer later in this judgment.
Tiers of involvement
Roman Bloch pleaded guilty on re-arraignment to count 1 and was convicted on counts 3 and 4. He was sentenced to a total term of 24 years imprisonment.Ivan Hue pleaded guilty on counts 1 and 2 and was sentenced to 24 years imprisonment.
Stella Taylor was convicted on count 1 having pleaded guilty to count 2 and was sentenced to a total of 21 years imprisonment.
Edward McIntosh pleaded guilty on re-arraignment to counts 1 and 2 and was sentenced to a total of 16 years imprisonment.
Leslie Graham pleaded guilty on re-arraignment to count 1 and was sentenced to 14 years 8 months imprisonment.
Martin Graham pleaded guilty to counts 1 and 2 and was sentenced to 11 years imprisonment.
Scale of importations
Guidance from the Court of Appeal
"Accordingly, in our judgment, for the guidelines laid down in Bilinski in respect of class A drug importations, there should be substituted the following: where the weight of the drugs at 100% purity is of the order of 500 grams or more, sentences of 10 years and upwards are appropriate and where the weight at 100% purity is of the order of 5 kilograms or more, sentences of 14 years and upwards are appropriate."
In Attorney General's References Nos 117 and 118 of 2005 (Byfield and Swaby) [2007] 1 Cr App R (S) 22 the court expressed the view that offenders who were convicted of conspiring to import 14.45 kilograms of cocaine at 100% purity should expect a sentence of not less than 20 years. The method used was similar to that employed in the current case. There were in all 6 consignments over a period of 12 months. The offenders were in charge of the operation and employed couriers to swallow the drugs for importation. Both offenders were of good character with consequential but limited personal mitigation.
"31. ... We have considered a number of authorities in recent years ... no useful purpose would be served by a close analysis of the differing facts and circumstances of these authorities. What they show, relevant for present purposes, is that, first, this court has contemplated the possibility following a trial, of a sentence of 30 years imprisonment for a dominating mind in relation to conspiracy to import massive quantities of class A drugs; and, secondly, even if others were involved at a higher level, 24 years is not an inappropriate starting point for one ... playing a senior national and international role in relation to massive importations of heroin."
Tomasz Wisniewski
Michael Hailwood
Jason Bowley
Lucasz Litwinski
Karol Siejda
Krzysztof Kownacki
Nyome Dawn Hue
Natalie Nicholls
Karen Louise Forshaw
Mohammed Anwar Bawla
Majeed Shah
James Boyle
Delroy Powell