Case No. 2007-04219-A8

18. The operation began on 13 July 2006. Carolan was observed by the police to visit an area close to where Hogg lived. He was later seen to visit the home of Jennings. 19. Shortly afterwards, Carolan was stopped in his car and arrested close to his home address. He was found in possession of 1kg of cocaine (0.32kg in its pure form) and a set of electronic scales. 20. Police searched Jennings' home. They discovered 2kg of cocaine (0.64kg at 100% purity) in a laundry bag in a cupboard under the stairs. During the search Jennings returned to his home and was arrested. It was the Crown's case that Jennings was the storer. 21. Carolan's address was then searched. In the course of that search quantities of cocaine were found. In addition, drug dealing paraphernalia and about £53,000 in cash were also found. 22. On 30 August 2006, police surveillance showed that Hogg left an address in Kent together with Rolls and Roach. The two offenders had bags with them. Roach and Hogg got into one vehicle and Rolls into another. They were followed to a lock-up garage at 9 Lordship Lane, Dulwich. Hogg and Roach were later seen leaving the garage, wearing face masks. Rolls then arrived with his girlfriend. He was seen to hand to Hogg various carrier bags before they all entered the garage. 23. On the afternoon of the same day Hogg met Shepherd (the courier) in Beckenham, South East London. Hogg handed him a carrier bag. They then both left in their respective vehicles. Shepherd was followed by the police. When his vehicle was searched 1kg of cocaine (0.32kg at 100% purity) and £7,000 in cash were found in the car. He was arrested. 24. Following a car chase, police officers arrested Hogg. He was found to be in possession of a set of keys, one of which was to the address in Kent. At that address police found Roach in the process of mixing cutting agents with cocaine. They recovered approximately 7kg of cocaine (0.7kg at 100% purity) and 30kg of cutting agents. There were also signs of a large-scale cutting process, nearly £37,000 in cash and a money-counting machine. 25. Hogg's clothing was also discovered at the scene, along with a semi-automatic pistol which contained four rounds of live ammunition. His DNA matched that found on the gun. Correspondence sent to the address of Rolls and Franklin was also found on the premises. 26. At the same time as the address in Kent was being searched, police discovered almost 2kg of cocaine (0.75kg at 100% purity) in the garage at 9 Lordship Lane, Dulwich, the premises at which Hogg and Rolls had been seen. At those premises drug-production paraphernalia including industrial hydraulic presses, white face masks, a paper suit and latex gloves were scattered all over the floor, along with cutting agents. White powder, which contained traces of cocaine, covered almost every object. A welded metal frame, manufactured in order to create a standard kilogram sized block, and heart-shaped magnets to brand-stamp the blocks, were also found. 27. In comments made upon the facts, Hogg contended that he was not responsible for purchasing the presses or for renting the garage; nor was he the named tenant of the premises in Kent. Although there is no evidence as to who purchased the presses, it seems to us that the fact that he was not the named tenant makes no difference. 28. More than 100 freezer bags were also found at the garage. Following sample testing, traces of cocaine with an average of 77% purity were discovered. Forensic tests on the face masks revealed that they contained Franklin's DNA as well as that of Rolls and Hogg. Fingerprints attributed to Roach were found on one of the hydraulic presses. 29. The search of Rolls' and Franklin's address at 13 Nightingale Lane, Bromley, revealed approximately 3.3kg of cocaine of between 25 and 75% purity on the premises. In addition to the drugs were found paraphernalia similar to that found in the garage at Lordship Lane. 30. Also at the premises at Nightingale Lane, the police found a semi-automatic pistol, nine rounds of live ammunition and a silencer. Although none of the live rounds of ammunition was in the semi-automatic pistol, the pistol, the ammunition and the silencer were all together in the same place. Rolls' DNA was found on the pistol and his fingerprints on the silencer. We shall return to the issue that was raised before the judge in relation to the inferences to be drawn from that and what happened before the judge. 31. A total of around £72,000 in cash was recovered from the house at Nightingale Lane. Franklin was arrested. 32. Rolls was stopped later that day in his car in Bromley. He managed to escape and was chased on foot. He was arrested two weeks later. In his possession he had a forged Irish passport, a false driving licence and credit cards, along with £4,500 in cash. 33. A forensic scientist analysed all of the drugs seized. He concluded, having considered the similar purities of the drugs recovered, the unusual mix of cutting agent, the wrappings and dimensions of the kilogram blocks, that all had been processed through the garage at Lordship Lane. Given the number of container bags found (156) and the fact that, of the 18 sampled, 14 bags contained traces of cocaine at 77% purity, it was possible to estimate that at lest 120 of 156 bags would have contained high purity cocaine ready for cutting. On the basis that each bag contained only 0.5kg, it was estimated that the scale of the operation was such that at lest 60kg at 77% purity had been processed by the defendants, which was potentially 120kg at 38% purity and 42kg at 100% purity. 34. The exercise that we have summarised in the preceding paragraph has been criticised by counsel for both Hogg and Rolls. We accept that it is an estimate; but estimates vary from what might be described as a "guestimate" to something which is highly reliable based on a scientific and methodical approach. Although we see force in one point made, namely that the sampling was not as great as it might have been, nonetheless it seems to us that the exercise carried out in this case was reliable and that we can proceed, as is evident the judge did from his sentencing remarks, on the basis that this conspiracy involved truly massive amounts of cocaine in the order of the quantities estimated. This therefore was a conspiracy of the utmost seriousness. We have summarised the quantities of drugs found on the various defendants at the particular locations and the quantities involved (5.1kg at 100% purity). 35. Hogg had no relevant previous convictions. Rolls had a previous conviction for causing grievous bodily harm with intent, contrary to section 18 of the Offences against the Person Act 1861. That was a conviction in 2002 for which he was sentenced, as reduced by this court on appeal, to six years' imprisonment. It is important to note that he was on licence at time of committing the offences with which we are concerned. 36. We turn to the issue to which we have already referred, the basis of plea and the dispute in relation to it. It seems to us that there are three relevant matters. (i) The levels of activity and responsibility of Rolls and Hogg. We consider that the position is straightforward. The sentencing judge made it clear that he rejected the basis of plea put forward. He proceeded upon the Crown's response, namely: "The prosecution maintain that both Hogg and Rolls are at the head of the organisation of this conspiracy. Both were connected with and seen to go to the garage at Lordship Lane. This is where the cutting process of the drugs occurred on a large scale." It may be that there was some other person somewhere higher than the offenders who supplied them with imported drugs, but it is self-evident that Hogg and Rolls must have been close to the source of supply. They ran (as the judge found) a factory which contained sophisticated equipment for the production of large quantities of cocaine for distribution; they were the organisers of this. There can be no doubt as to the basis upon which the offenders were sentenced by the judge and fall to be considered by this court. They were involved at a high level of organisation and fall to be dealt with accordingly. (ii) The quantities of drugs. We can see no basis for challenging the approach of the judge to the analysis of the quantities carried out by the Crown for the reasons to which we have already referred. (iii) The possession of the firearms. There is no issue as regards the position of Hogg which we have set out; he was found with a semi-automatic pistol loaded with live ammunition. However, in relation to Rolls the position must be examined further.