Following a good run of sentencing in EncroChat related cases, I have been reviewing the recent authorities which can assist in advising clients taking peripheral or ‘less than leading’ roles in large drug conspiracies.
I have often found that clients become focussed on being sentenced on the basis of ‘significant role’ as opposed to a ‘leading role’. It can be tempting for clients to see a ‘significant role’ as a target in a sentencing exercise.
I have found it helpful to focus the client’s mind on the fact specific nature of the sentencing exercise. Cases often have a combination of factors indicative of leading and significant roles. This is particularly true in the context of EncroChat related cases, where ‘roles’ within drug operations were often changeable.
Moving clients away from a fixation on which specific role they fall into will prepare them for the more considered analysis which the Judge is obliged to undertake.
