Court of Appeal, Criminal Division

Published December 11, 2007

Regina v Hawkes (Attorney-General’s Reference No 68 of 2007)

Drug dealers who kept weapons with a view to using violence would, on conviction, have their sentences significantly increased to reflect that fact.

The Court of Appeal, Criminal Division (Lord Phillips of Worth Matravers, Lord Chief Justice, Mr Justice Davis and Mr Justice Simon) so stated on October 22, 2007 when allowing an application by the Attorney-General, under section 36 of the Criminal Justice Act 1988, for leave to refer, as being unduly lenient, a prison sentence of two years imposed on Clayton Hawkes by Judge Rucker at Truro Crown Court on May 18, 2007, following his conviction for conspiracy to supply a controlled class A drug and two counts of possessing a prohibited weapon, a stun gun and a pepper spray, for which he received concurrent sentences. The total sentence was increased to four years.

THE LORD CHIEF JUSTICE, giving the judgment of the court, said that the offender had been running a sophisticated small business retailing class A drugs.

He was also found guilty of possessing two offensive weapons which the judge found he had in order to use if necessary.

Not merely was that indicative of professional drug dealing; their possession constituted serious offences in their own right.

A drug dealer who was prepared to resort to violence and who kept weapons for that purpose must expect that any sentence imposed on him would be significantly increased to reflect that fact.

Normally that should be emphasised by the imposition of consecutive sentences.

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