Drug dealers’ ‘excessive’ sentences cut following appeal

The Criminal Appeal Court ruled that the sentences imposed on Gary Corkindale and Alexander Connelly were “excessive” and substituted custodial terms of six years four months and four years respectively.

Lady Paton and Lord Glennie heard that Mr Connelly was involved in a “well-organised operation”, having been convicted of being concerned in the supply of diazepam with a maximum value of £370,440.

He was sentenced to six years and four months’ imprisonment.

The judges agreed with the sentencing judge’s observations about the misery which drug addiction causes, and the fact that the appellant was perpetuating that problem by being concerned in the supply of diazepam to others, but they considered that “insufficient weight” was given to certain factors.

“In particular,” Lady Paton said, “the appellant’s previous convictions were road traffic offences and an attempt to pervert the course of justice (2005), nothing drug-related. Apart from these matters and the current case, the appellant had not been in trouble before, and had been in employment as an area manager for a pub chain.”

The criminal justice social work report noted that there was an indication that the appellant “appreciated the serious and detrimental effect of illegal drugs”.

The report also stated that the appellant had stopped using cannabis, which was the cause of his current offending, adding that he had been assessed as at “minimal risk of reoffending”.

Lady Paton said: “In all the circumstances, we consider that a starting point of five years was appropriate to mark the gravity of the offence. Applying the same one fifth discount results in a sentence of four years. Accordingly, we shall quash the sentence of six years four months and substitute therefor a sentence of four years.”

Mr Corkindale however, did have a “significant previous conviction” in 2012, for being concerned in the supply of amphetamine, cocaine and cannabis resin, for which was sentenced to three years imprisonment.

The judges also noted that had pled guilty to being concerned in the supply of diazepam worth £370,440, amphetamine worth approximately £12,490 and herbal cannabis worth anything from £8,000 to £19,820.

Further, the appellant’s car was found to contain tick lists, phones, bags and tape, all paraphernalia redolent of well-organised drug-dealing, while his house contained amphetamine worth about £1,030, stored in the fridge.

Delivering the opinion of the court, Lady Paton said: “In Mr Corkindale’s case therefore, a headline sentence greater than Mr Connelly’s is indeed justified and we wholly agree with the judge on that matter.

“However, we consider a 10-year starting point to be excessive, standing the fact that the drugs in this case were Classes B and C, diazepam being Class C, amphetamine and cannabis being Class B. In our opinion, a headline sentence of eight years was appropriate.

“Applying the same discount of one fifth results in a sentence of six years four months. Accordingly in Mr Corkindale’s case, we quash the sentence of eight years and substitute therefor a sentence of six years four months.”