[2025] EWCA Crim 1416

The two appellants were involved in a conspiracy to supply drugs which was formed on or about 1 November 2020 and continued until 20 October 2023. They were the only participants in the enterprise. They supplied drugs on a commercial basis. They had business cards prepared to advertise their services and ran a number of dedicated drug dealing telephone lines. Messages were recovered during the course of the investigation which revealed that the appellants were each able to speak in expert terms about the supply of large quantities of drugs. It was also obvious from the messaging that they were able to source Class A drugs from a number of different suppliers. At times it is clear that they were able to source cocaine, heroin, MDMA and cannabis in amounts measured in kilos. The appellant Mphande told one of his customers that he was able to buy a kilo of cocaine for £27,000, and said that he could source kilos of cannabis at short notice from Southampton. They supplied those drugs onto their customers in both small and large amounts.

It was further clear that some of the cannabis that was the subject matter of the conspiracy came from America. This can be inferred from the fact that the appellants collected the consignment from Stansted Airport, the drugs were purchased in imperial weights (weights by which drugs are traded in America, but not generally in the United Kingdom or Europe), and the drugs were referred to as having been made in "Cali" (short for California).

Twice during the course of the investigation the appellants were arrested, interviewed and made no comment. Each time they were bailed or released pending further investigation. On each occasion they continued to run their business using fresh business cards and new telephone numbers. After each arrest the business was up and running again within hours or a few days.

The first of those arrests took place on 18 November 2022. The police stopped an Astra motor vehicle with the appellants inside. They were in possession of 4.36 grams of cocaine sorted into street dealing wraps, business cards, a quantity of cannabis, several mobile phones and cash.

At the time of that arrest, Guidamavicias was the tenant of a flat in Nottingham. The flat was student accommodation. The occupants of the other student flats in the block were targeted for the sale of drugs. When this flat was searched, the police found over 27 grams of cocaine at 86 per cent purity. That is very close to or at the normal importation strength of cocaine, and thus indicated that the appellants obtained the drug either from the importers or shortly after its arrival into the country and before it had been significantly cut for onward sale.

The police also found 5.5 grams of crack cocaine, 179 MDMA tablets, 38.67 grams of MDMA powder, approximately three quarters of a kilogram of cannabis, over 775 Diazepam and Alprazolam tablets and 284 grams of ketamine.

The second set of arrests occurred on 13 May 2023. The appellants were stopped in a BMW car. Between them they had over £1,000 in cash and a number of iPhones. They also had approximately 250 grams of cocaine at 83 per cent purity, and half a kilogram of cannabis.

Keys in the possession of Mphande on that occasion were found to fit the door to another apartment in Nottingham. Inside that flat the police found 31 pairs of training shoes and a significant quantity of branded clothing, along with mobile phones, business cards, cash, drug paraphernalia and the keys to a Toyota Yaris motor car. That car was searched. Inside were found business cards, a quarter of a kilo of cocaine and half a kilo of cannabis.

The conspiracy finally concluded when the appellants were arrested for the third time, on 19 October 2023. On this occasion they again had a number of mobile telephones in their possession, as well as 136 grams of cannabis, which was concealed in a bag specifically designed to hide its odour. A further one kilogram of cannabis was also recovered from them at the time of that arerst.

As to their respective roles, there was some evidence that at times, Gaidamavicias was directing Mphande as to things. However, there was evidence that at other times Mphande was dealing directly with the suppliers to the conspiracy and those who were downstream from him.

Each of the appellants was in his mid 20s. Neither had previous convictions.