Whiteway
and Others ) [2005] 2 Cr App R(S) 505. 49. This case did not involve the importation of cocaine, but rather the running of a factory on a commercial scale for the production and distribution of cocaine. In Whiteway the Vice-President (Rose LJ) said:
It seems to us that there is virtually no distinction between someone who engages in the scale of commercial factory production to which we have referred and a person who imports cocaine into this country. 50. In our view, therefore, in the light of the authorities the starting point in respect of these offences, taking into account the activity and status of Hogg and Rolls, the quantities of drug involved, and the possession of the firearms in the circumstances to which we have referred, was upwards of at least twenty years. 51. We have considered all the matters to which we have referred and in particular the position on the one hand of Rolls, where his possession of the two firearms was, for the reasons we have given, to be dealt with on the basis we have set out, but who on the other hand had committed this offence whilst he was on licence on a sentence for a serious offence. Having regard to those two counterbalancing features and the respective roles of Hogg and Rolls we do not think it appropriate to draw a distinction between them. We take the view that the sentence imposed by Judge Haworth was unduly lenient. Taking into account therefore all the matters to which we have referred, we propose to substitute in each case a sentence of fourteen years' imprisonment.
- Mr Q Hawkins
- Introduction
- The offences
- Goodyear
- The preparation of the reference
- R v Padoan and Smith
- The Judge’s sentencing remarks
- The basic submissions of the Attorney General
- The basic facts
- The approach to Rolls’ basis of plea : “gainsay”
- gainsay
- R v Underwood
- gainsaid”
- Newton
- The aggravating and mitigating factors
- R v Aramah
- R v Aranguren and Others
- Whiteway
- The appeal of Roach
