Court reduces sentence in cocaine possession case

31 Jan 2025Court Report

Court of Appeal reduces sentence for Elis Kola, convicted of possession with intent to supply cocaine

Background

On 21 May 2024, Elis Kola was convicted in the Crown Court at Cambridge of possession of Class A drugs (cocaine) with intent to supply. The conviction followed an incident on 9 March 2023, where Kola was found by police in a parked car in Cambridge, a city known for drug supply activities. The officers discovered 13.24 grams of cocaine, cash, and a constantly ringing phone, although no drug-related messages were found on the device.

Trial and Conviction

During the trial, Kola, who had no prior criminal record, defended himself by claiming the drugs were for personal use. However, the prosecution presented expert evidence suggesting the packaging and weights were consistent with street dealing. Consequently, the jury convicted him, and he was sentenced to three years' imprisonment on 22 May 2024.

Appeal Grounds

Kola appealed the sentence, granted leave by Bennathan J. The appeal focused on whether the original sentencing judge erred in categorising Kola's role as significant, which led to a higher starting point for sentencing under the Definitive Sentencing Guidelines.

Court of Appeal's Analysis

The Court of Appeal, led by Lady Justice Andrews, examined whether Kola's role was indeed significant. The court found no evidence suggesting Kola had an operational or management role in the drug operation. Instead, Kola's actions were more consistent with those of a County Lines runner, a lesser role in drug distribution.

Sentencing Guidelines

The court noted that the original sentence took a starting point of 4.5 years, assuming a significant role. However, the evidence did not support this assumption. The court concluded that Kola's role was more likely that of a courier, with no significant financial gain evident from the cash found in the car.

Mitigating Factors

The Court of Appeal recognised Kola's immediate cooperation with the police and his lack of previous convictions as mitigating factors. Additionally, the court considered the potential hardships Kola might face in prison due to language barriers, as he is Albanian and speaks little English.

Revised Sentence

Taking these factors into account, the Court of Appeal reduced the sentence to 18 months. This decision was influenced by the time Kola had already served and the absence of material to evaluate a suspended sentence properly.