Case No. EWCA-Crim-1450
Court of Appeal (Criminal Division)

Case No. EWCA-Crim-1450

Fecha: 23-Oct-2020

J U D G M E N T

MR JUSTICE JAY: 1These are three appeals against sentence in a case involving a large drugs conspiracy in Liverpool. The renewed application for permission to appeal against sentence sought by a co-accused, Craig Gowland, has had to be adjourned. All these sentences were passed by HHJ Murray sitting in the Crown Court at Liverpool on 19 December 2019. They followed two trials, which we have been told lasted about five months in all. 2Following his trial, Liam Cornett received a total sentence of 26 years' imprisonment. This comprised 26 years for a conspiracy to supply Class A drugs and a nine-year concurrent sentence for a conspiracy to supply Class B drugs. Following his guilty pleas, Michael Rice received a total sentence of 12 years and eight months' imprisonment consecutive to a sentence that was being served. This comprised 12 years and eight months for the conspiracy to supply Class A drugs and a five year and four-month concurrent sentence for Class B drugs. This was consecutive to a sentence of six years being served for a firearms offence. Following his trial, Darryl Clough received a sentence of 12 years' imprisonment for the conspiracy to supply Class A drugs. This was consecutive to a sentence of eight years' imprisonment being served for false imprisonment. Other orders that were made have not been appealed. There were a number of co-accused whose sentences will be considered to the very limited extent relevant in the context of disparity arguments that have been raised. 3The facts in outline were that between March 2017 and July 2018 a Liverpool-based organised criminal group ("OCG") operated a drug supply network in Liverpool and established operations in at least four other cities; Plymouth, Exeter, Cardiff and Hull. The supply involved heroin, cocaine and amphetamine. The heroin was 40 to 45 per cent purity and test purchases indicated that the cocaine was between 70 and 80 per cent purity. The OCG kept control of a centrally organised high-speed operation in these various cities. They sent drugs by courier to supply individual transactions and the organisers, often based in Liverpool, controlled the dedicated mobile phone numbers (the graft phones) and passed on the orders to locally recruited managers and street dealers. Phone analysis revealed the volume of calls and callers as well as the advertising texts. 4Between October 2017 and June 2018 there were multiple seizures of drugs in Liverpool, Plymouth, Hull, the West Midlands, South Wales and Exeter. Encrypted phones were used by various members of the conspiracy, including Cornett and Rice. 5Liam Cornett lived mostly in Spain and returned to Liverpool when necessary. He was the ringleader and a principal organiser within the OCG and was involved in setting up the network. The term used by Mr Andrew Thomas QC for the prosecution was that he was in effect the chief executive officer and that corresponds with the evidence. His luxurious lifestyle stood him apart from the other conspirators. His role was mainly strategic in expanding the drug supply network outside Liverpool by negotiating with other OCGs in Plymouth, Torquay and Cardiff. He gave instructions to Rice and others, supervised the operations, recruited organisers, organised their employment and activated the Exeter graft phone. Cornett was aged 29 at sentence. He had 27 convictions for 45 offences between 2006 and 2017. His relevant offences included five convictions for possession of Class B drugs between 2009 and 2011, although the sentencing judge did not consider those convictions to be aggravating factors. 6Michael Rice lived in Liverpool and was the principal organiser with day-to-day control of the operations. To return to Mr Thomas' description, he was in effect the chief operating officer of this criminal enterprise. He accompanied Cornett, who was a close friend of his, to key meetings in Cardiff, Plymouth, Torquay and Exeter and went on holiday with him. He travelled to Cardiff, coordinated the mid-level organisers, organised courier runs and had