{"id":671578,"date":"2026-04-24T10:38:45","date_gmt":"2026-04-24T08:38:45","guid":{"rendered":"https:\/\/kohenavocats.com\/jurisprudences\/regina-v-roy-basson-anor\/"},"modified":"2026-04-24T10:38:45","modified_gmt":"2026-04-24T08:38:45","slug":"regina-v-roy-basson-anor","status":"publish","type":"kji_decision","link":"https:\/\/kohenavocats.com\/zh-hans\/jurisprudences\/regina-v-roy-basson-anor\/","title":{"rendered":"REGINA v ROY BASSON & ANOR."},"content":{"rendered":"
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LADY JUSTICE WHIPPLE: Background 1 On 26\u00a0August\u00a02021 in the\u00a0Crown Court at Maidstone before Mr Recorder Elvin QC, the appellant Basson, then aged 39, and the\u00a0appellant Worthington, then aged 41, pleaded guilty to the\u00a0offence of conspiracy to supply class A drugs. 2 On 23\u00a0September\u00a02021 HHJ\u00a0Gratwicke sentenced both appellants to 11\u00a0years' imprisonment. Both now appeal against sentence with the\u00a0leave of the\u00a0single judge. Facts 3 The\u00a0facts in brief are these. At about 2.30 in the\u00a0afternoon on 20\u00a0May\u00a02021 police officers in Maidenhead witnessed\u00a0an\u00a0exchange of drugs between Worthington and Basson. The\u00a0officers observed as Worthington got out of his Volkswagen Transporter van and walked towards Basson, who was stood at the door of his Citroen Berlingo. Worthington handed Basson a large tartan laundry bag, then both men turned towards their respective vehicles. 4 As the\u00a0officers approached, they saw Basson was in the rear of his vehicle. He was wearing latex gloves and was unloading 1kg compressed blocks of cocaine from the laundry bag into a\u00a0purpose-built concealed compartment in the\u00a0floor of his van. The\u00a0compartment was operated by remote control. By the\u00a0time the\u00a0officers got into the\u00a0back of the van, Basson had unloaded 16 of the kilogram blocks of cocaine into the hide and there were four blocks left in the laundry bag. The\u00a0vehicle was searched and \u00a32,000 in cash was found in an\u00a0envelope in a\u00a0compartment above the steering wheel, along with two iPhones. Basson was arrested. 5 Worthington was approached by police whilst making a\u00a0telephone call from inside his van. When he was arrested, police recovered two iPhones and a\u00a0notepad, which had various post codes written on it. Worthington was found to be in possession of \u00a3270 in cash. 6 The drugs were examined by a forensic scientist who confirmed that there were 20kg of cocaine between 75 and 77 per cent pure. The\u00a0wholesale value was in the\u00a0region of \u00a36,000 to \u00a39,000, with a\u00a0potential retail value of between \u00a31\u00a0million and \u00a32\u00a0million. One of Worthington's iPhones contained messages appearing to indicate that he was being directed to make multiple exchanges. These were drug-related messages, one of which showed that Worthington had been given a\u00a0signal to make the exchange with Basson, another of which showed Worthington referring to "the\u00a0afternoon shift tomorrow". 7 Basson and Worthington both gave no comment interviews. Sentence 8 At the sentencing hearing on 23 September 2021, the Crown set out the\u00a0facts. The Crown's submission was that both men had an\u00a0operational and management function within the\u00a0chain, both had an\u00a0expectation of a\u00a0significant financial advantage given the\u00a0quantity of drugs involved, and, despite Worthington only in fact having a\u00a0relatively small amount of cash on him at the time, both were aware of the scale of the enterprise they were involved in. Accordingly, the Crown said that they both played significant roles. This was the\u00a0Crown's case based on the accepted bases of plea. 9 In sentencing, the\u00a0judge noted the\u00a0"exceedingly large amount" of cocaine involved, namely 20kg. He stated the defendants had made a\u00a0choice and had gone into this enterprise with their eyes open. Turning to the\u00a0guidelines, he concluded that this was a\u00a0category 1 case, noting that the drugs involved were four times the\u00a0indicative amount. 10 Turning to Basson, he said that Basson had some awareness of the scale of the enterprise that he was engaged in. Basson took delivery of the\u00a0van, registered and insured it. Whether Basson built the\u00a0concealed compartment mattered not, because he knew about it and that it would be used for transporting drugs. Basson was motivated by financial gain. Basson played a\u00a0significant role. The judge noted Basson's lack of previous convictions for drugs and the rest of his personal mitigation. He concluded that after a\u00a0trial Basson would have been sentenced to 15\u00a0years' imprisonment. He gave a\u00a0discount of 25 per\u00a0cent for the guilty plea and made an\u00a0adjustment in light of Manning. The\u00a0resulting sentence was one of 11\u00a0years' custody. 11 The judge then turned to Worthington. He said that Worthington also had some awareness and understanding of the scale of the operation, carrying 20kg in an ordinary bag to his waiting co-defendant Basson. Worthington too was motivated by financial gain. He too fell into category 1 and occupied a\u00a0significant role. He too had no previous convictions for drugs and had personal mitigation in the\u00a0form of alcohol problems. The judge also noted efforts made by Worthington while in custody to change his ways. The judge concluded that after a\u00a0trial Worthington would have been sentenced to 15\u00a0years' imprisonment. Likewise, after giving 25 per cent credit for plea and making an adjustment for Manning, the sentence in Worthington's case was 11\u00a0years' imprisonment. Grounds of Appeal 12 Mr\u00a0Hugheston-Roberts appears for Basson. Mr\u00a0Hugheston-Roberts did not represent Basson at the hearing below. Mr\u00a0Hugheston-Roberts' written grounds of appeal advance two grounds. First, he criticises the judge for going above the\u00a0guideline range for category 1 significant role; the starting point for that category under the\u00a0relevant guideline is ten\u00a0years in a\u00a0range of nine to 12\u00a0years. Secondly, he argues that Basson should have got more than 25 per cent credit for his guilty plea. In oral submissions before us, Mr\u00a0Hugheston-Roberts has adopted Ms\u00a0Davy's written grounds in relation to Worthington's appeal. 13 Ms Davy appears for Worthington. She represented him at the sentencing hearing. She advances the\u00a0following arguments in her written grounds. First, that the judge failed to sentence in accordance with the written basis of plea, which was not disputed by the\u00a0Crown, in which Worthington accepted that he was a\u00a0courier, but had no other knowledge or involvement. Secondly, the\u00a0judge failed to have any or adequate regard to those factors suggested for lesser as opposed to a significant role, specifically the\u00a0fact that Worthington performed a\u00a0limited function under direction, that he had no influence on those above him in the\u00a0chain, that he was being sentenced for his involvement on a\u00a0single day, and that there was no evidence of substantial financial gain in his case. Third, the judge provided no explanation for assessing Worthington's role as significant. Fourth, the\u00a0judge took too high a\u00a0starting pointed. Fifth, the judge should not have increased the\u00a0starting point by reference to the quantities seized, which had nothing to do with the role played by Worthington. In oral submissions before us today, Ms Davy has focused particularly on those aspects of Worthington's involvement which tended, in her submission, to lower his role to the lesser category or to the bottom end of the significant category. 14 We are grateful for the\u00a0focused and succinct submissions which we have received from counsel, both in writing and orally. Basson 15 We consider the\u00a0appeal in Basson's case first. The\u00a0sentencing judge put Basson in category 1 significant role. The\u00a0role he occupied was significant, because Basson had some awareness and understanding of the scale of the operation. Harm was assessed by reference to the\u00a0weight of the\u00a0product. Category 1 in the\u00a0guideline is predicated on 5kg of cocaine. In this case 20kg was being handled on the day in question. For a\u00a0significant role, the\u00a0guideline gives a\u00a0starting point of ten\u00a0years in a range of nine to 12\u00a0years. The\u00a0guideline states that for cases where the\u00a0operation is on the most serious and commercial scale, involving a\u00a0quantity of drugs significantly higher than specified in category 1, sentences of 20\u00a0years and above may be appropriate. Given the\u00a0very substantial quantity of cocaine involved in this case, on a\u00a0single day, but in the context of repeat engagement in a drugs conspiracy, the\u00a0judge was plainly entitled to go above the top of the range indicated in the\u00a0guideline. The\u00a0guideline itself suggests that in appropriate cases where the\u00a0operation is on the\u00a0most serious and commercial scale the top of the range should be exceeded. This operation was approaching that end of the scale. Thus, the\u00a0judge's identification of 15\u00a0years as the notional determinate sentence after a trial cannot, in our judgment, be criticised. We reject Basson's first ground of appeal. 16 The\u00a0judge reduced the\u00a0sentence to 11\u00a0years applying a global reduction of around 27 per\u00a0cent to take account of the guilty plea and Manning. We note that when the\u00a0case was opened by the prosecution, the\u00a0sentencing judge was told that\u00a0Basson pleaded guilty at the PTPH. It does not appear that Basson's defence counsel at the hearing said otherwise. A\u00a0reduction of 25 per\u00a0cent is of course in accordance with the relevant guideline for a\u00a0plea entered at that stage. In fact, it now appears that Basson indicated his intention to plead guilty at the Magistrates' Court. The\u00a0notice to the\u00a0Crown Court for sending for trial from the Magistrates' Court states in terms "plea of guilty indicated": see p.A3 on the DCS. It is regrettable that this was not drawn to the\u00a0sentencing judge's attention. 17 In light of the early indication of guilty plea, Basson was entitled to a\u00a0one-third reduction. Taking 15 years as the\u00a0notional sentence after trial and reducing it by one-third arrives at ten years. We preserve the\u00a0roughly three\u00a0months' additional discount for Manning to arrive at a\u00a0total sentence in Basson's case of 117\u00a0months or nine\u00a0years and nine\u00a0months. 18 We therefore allow the\u00a0appeal against sentence in Basson's case. We quash the\u00a0sentence of 11\u00a0years' imprisonment and impose in its place a\u00a0sentence of 117\u00a0months: that is nine\u00a0years and nine\u00a0months. Worthington 19 We turn to Worthington's appeal. The\u00a0first ground of appeal is that the judge failed to sentence in accordance with the basis of plea, which was accepted by the\u00a0crown and was in the\u00a0following terms: "(a) The\u00a0extent of the defendant's involvement in the conspiracy on 20 May 2021 was that of a courier; namely, acting upon instruction from another. He collected and delivered the trucks in question from and to an address only provided to him that morning. (b) Beyond his role as courier on 20 May 2021, he had no other knowledge or involvement. (c) The extent of the defendant's benefit from his role as courier was payment of \u00a3300 in cash; \u00a3270 of this was seized from him on arrest." 20 The\u00a0judge sentenced on the\u00a0basis that Worthington had some awareness and understanding of the operation, such that his role was significant. In our judgment, that finding plainly was open to the\u00a0judge on the material before him. As he noted, Worthington had handed over a\u00a0laundry bag with 20kg of product in it. There were multiple messages on Worthington's phone dealing with exchanges. True it is that Worthington was found with only \u00a3270\u00a0cash in his possession, but the\u00a0guidelines refer to the expectation of financial gain and it can readily be inferred that Worthington expected to make more money than this amount from his participation in this conspiracy. In short, the basis of plea, when put alongside other evidence in the case and known facts, is not inconsistent with the categorisation of Worthington playing a\u00a0significant role. The\u00a0first ground fails. 21 The\u00a0second ground of appeal is connected to the\u00a0first. It relates to factors which it is said point to a\u00a0lesser role. We consider the\u00a0judge to have been well placed to assess the\u00a0role played by Worthington. The\u00a0particular factors highlighted by Ms\u00a0Davy\u00a0represent, at best, a\u00a0partial view. We have already identified those features of the evidence which put\u00a0Worthington in the significant role category. This leads us to conclude that ground two also must fail. 22 By his third ground, Worthington suggests that the judge failed to explain why he put Worthington in a\u00a0significant category. With respect, we disagree. The\u00a0reasons given were sufficient. The third ground fails. 23 The\u00a0fourth and fifth grounds have already been addressed in relation to Basson's case. The\u00a0judge was entitled to take 15\u00a0years as his notional sentence after trial. We understand the\u00a0judge to be saying that 15\u00a0years took account of the aggravating and mitigating factors and left only credit for plea to be deducted. The quantity of cocaine justified an uplift substantially above the top of the\u00a0category range. These grounds fail. Conclusion 24 We therefore dismiss these\u00a0appeals. __________<\/p>\n<\/div>\n

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Sources officielles :<\/strong> consulter la page source<\/a><\/p>\n

Open Justice Licence (The National Archives).<\/em><\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

LADY JUSTICE WHIPPLE: Background 1 On 26 August 2021 in the Crown Court at Maidstone before Mr Recorder Elvin QC, the appellant Basson, then aged 39, and the appellant Worthington, then aged 41, pleaded guilty to the offence of conspiracy to supply class A drugs. 2 On 23 September 2021 HHJ Gratwicke sentenced both appellants to 11 years’ imprisonment. Both…<\/p>\n","protected":false},"featured_media":0,"template":"","meta":{"_crdt_document":""},"kji_country":[7608],"kji_court":[8238],"kji_chamber":[],"kji_year":[32183],"kji_subject":[7612],"kji_keyword":[35476,7621,10658,35475,8347],"kji_language":[7611],"class_list":["post-671578","kji_decision","type-kji_decision","status-publish","hentry","kji_country-royaume-uni","kji_court-court-of-appeal-criminal-division","kji_year-32183","kji_subject-fiscal","kji_keyword-basson","kji_keyword-judge","kji_keyword-significant","kji_keyword-worthington","kji_keyword-years","kji_language-anglais"],"yoast_head":"\nREGINA v ROY BASSON & ANOR. - Ma\u00eetre Hassan Kohen, avocat en droit p\u00e9nal \u00e0 Paris<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/kohenavocats.com\/zh-hans\/jurisprudences\/regina-v-roy-basson-anor\/\" \/>\n<meta property=\"og:locale\" content=\"zh_CN\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"REGINA v ROY BASSON & ANOR.\" \/>\n<meta property=\"og:description\" content=\"LADY JUSTICE WHIPPLE: Background 1 On 26 August 2021 in the Crown Court at Maidstone before Mr Recorder Elvin QC, the appellant Basson, then aged 39, and the appellant Worthington, then aged 41, pleaded guilty to the offence of conspiracy to supply class A drugs. 2 On 23 September 2021 HHJ Gratwicke sentenced both appellants to 11 years' imprisonment. 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