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Neutral Citation Number: [2016] EWCA Crim 1794 Case No

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Neutral Citation Number: [2016] EWCA Crim 1794 Case No Neutral Citation Number: [2016] EWCA Crim 1794 Case No: 201600971C2, 201602700C2, 201601496C2, 201601490C2 IN THE COURT OF APPEAL (CRIMINAL DIVISION) ON APPEAL FROM THE CROWN COURT AT WOOLWICH Her Honour Judge Downing T20147604 Royal Courts of Justice Strand, London, WC2A 2LL Date: 02/12/2016 Before : LORD JUSTICE GROSS MR JUSTICE GREEN and HER HONOUR JUDGE MOLYNEUX (SITTING AS A JUDGE OF THE CACD) - - - - - - - - - - - - - - - - - - - - - Between : REGINA Respondent - and - OLIVIA BRANDFORD Appellants MICHAEL KAREMERA DEAN ALFORD (Transcript of the Handed Down Judgment. Copies of this transcript are available from: WordWave International Limited A Merrill Communications Company 165 Fleet Street, London EC4A 2DY Tel No: 020 7414 1400, Fax No: 020 7831 8838 Official Shorthand Writers to the Court) John Clifford and James Dick appeared on behalf of the Crown Jeminipe Akin-Olugbade appeared on behalf of the Appellant Olivia Brandford Alexander Radley appeared on behalf of the Appellant Michael Karemera Yogain Chandarana appeared on behalf of the Appellant Dean Alford Hearing dates : 16 November, 2016 Judgment As Approved by the Court Crown copyright © Lord Justice Gross : INTRODUCTION 1. The appeal against conviction principally concerns the Judge’s decision to withdraw a defence of duress from the jury. 2. On the 28th January, 2016, in the Crown Court at Woolwich before HHJ Downing, Olivia Brandford (“Brandford”) now aged 20, Dean Alford (“Alford”) now aged 21 and Michael Karemera (“Karemera”) now aged 22, were each convicted on two counts (count 1 concerning cocaine and count 2 concerning heroin) of Conspiracy to Supply Controlled Drugs, contrary to s.1 of the Criminal Law Act 1977. 3. On the 26th February, 2016, before the same Judge, they were sentenced as follows: i) Brandford, 28 months’ detention on count 1; 28 months’ detention on count 2, concurrent; a total of 28 months’ detention. ii) Alford, 11 years’ imprisonment on count 1; 11 years’ imprisonment on count 2, concurrent; a total of 11 years’ imprisonment. iii) Karemera, 10 years’ imprisonment on count 1; 10 years’ imprisonment on count 2, concurrent; a total of 10 years’ imprisonment. 4. Various other orders were made to which it is unnecessary to refer. There were a number of co-accused to whom it is likewise unnecessary to refer. 5. Brandford appeals against conviction and sentence by leave of the Single Judge. Alford and Karemera renew their applications for leave to appeal sentence, following refusal by the Single Judge. THE FACTUAL HISTORY 6. For present purposes, the facts may be shortly summarised. The police operation was named “Operation Pibera”. The offending concerned the supply and distribution of Class A drugs in the London Borough of Lewisham. A county drugs line was run between Lewisham and Portsmouth and a number of runners were used to distribute the drugs as couriers or street dealers. A number of defendants were involved and a number of trials took place. Brandford, Alford and Karemera were tried alongside one other co-defendant. 7. Alford, Karemera and another controlled the drugs networks in Kent and Hampshire. Brandford was Alford’s partner prior to and at the time of the offending. The couriers travelled to London on a regular basis to exchange money or drugs. The activity was linked to telephone numbers known as “MITCH”, “DUFFY” and “FLY”. Alford controlled the DUFFY line and another line. Karemera controlled the MITCH line. Police surveillance showed that Alford and Karemera rarely travelled to Portsmouth. They ran the lines remotely and recruited “runners”, who were mostly under 18. 8. On the 27th August, 2014, the police stopped a car in Portsmouth, driven by Alford. Brandford was in the passenger seat. She spoke to the police and began to cry. She was plainly distressed. Both she and Alford were arrested. In the event, it was found that she was concealing drugs in her vagina. A concealed package was subsequently seized. It was a sausage shaped item with three smaller packages wrapped in cling film inside. Each package contained a number of wraps; in total there were 121 - 77 contained crack cocaine; the remaining 44 contained heroin. The street value of the drugs was between £1,500 and £2,300. The car was searched and within it, the police found £295 cash, two rolls of cling film and a wrap of cocaine. When interviewed, Alford answered no comment to all questions. Brandford relied on a prepared statement, denying any involvement as a willing participant in a conspiracy to supply drugs – and indicated that she would not disclose any information due to a fear of repercussions. When he was interviewed, Karemera answered no comment to all questions. 9. At trial, the prosecution case was that Brandford was involved in the conspiracy. It did not matter that she might only have become aware of it on the night before her arrest, namely, the 26th August, 2014. By agreeing to carry the drugs for Alford, she did an act which went to assist the conspiracy. The prosecution relied further on telephone calls made by Alford from prison – in order to establish that Alford was attempting to persuade Brandford as to the contents of her defence statement. 10. The defence case was that Brandford was told by Alford that he had inherited a debt from Gus Allman (“Allman”), a friend of his who had been murdered and had been forced to supply Class A drugs. He sought her help on the basis that his life would be at risk if the drugs were lost. Brandford further relied on her own previous good character. 11. As the Judge had withdrawn Brandford’s defence of duress from the jury (see below), the issue for the jury – and subject to criticism of the Judge’s direction in this regard (also below) – was whether the prosecution had proved that Brandford was a participant in the conspiracy. 12. It may be noted that at trial, both Alford and Karemera relied on the defence of duress. Their evidence was that due to the mistaken belief that they had been involved with Allman, they had been threatened and assaulted by the “Peckham Boys Gang” and compelled to sell drugs. As will already be apparent, their defences were rejected by the jury and they, together with Brandford, were convicted. 13. Some brief further reference to the evidence will assist with the context. First, Brandford was aware of Alford’s conviction in 2013 for dealing in Class A drugs. She encouraged him to go straight and to seek employment. On her evidence, he had neither the funds nor the trappings of a significant drugs dealer. So far as he was involved in drug dealing, she had thought he was a cannabis dealer. 14. Secondly, on Alford’s evidence, it was asserted that he and Allman (someone with whom Alford had dealt drugs) had been involved with someone called “Killer”, who threatened and assaulted Alford. In January 2014, Killer had been upset that the line had not been well managed over the Christmas period. The upshot was that Alford was assaulted at an address in Peckham in January 2014; he was pepper sprayed (“the January pepper spray incident”), kicked and punched and knives were brandished by a number of young men who had entered the flat in question. Brandford had been in a separate room in the flat and eventually came to collect him; he said that she had been threatened outside the flat. According to Brandford’s evidence, she subsequently saw one of the men she recognised from the flat and he said to her “that’s what you get when you fuck with us”. Alford told her that this was an argument which had got out of hand. Her evidence was that she only half believed him. 15. Thirdly, it was common ground that Allman had been murdered in February 2014. Alford had lied to the police during the murder investigation which resulted in a conviction for perverting the course of justice. Alford was already serving a sentence of imprisonment for that offence, when he came to be sentenced for the present offending. 16. Fourthly, on the 9th June 2014, Alford was told by Killer to meet Karemera on Deptford High Street. When he did so, a man suddenly approached them and stabbed him (“the June stabbing”). According to Brandford, she never asked Alford why he had been stabbed; his mother told him it was a random attack. She was not convinced and thought it might have had something to do with Allman’s death. 17. Fifthly, according to Brandford, on the drive to London on the 26th August, 2014, he opened up to her and said that the January pepper spray incident or the June stabbing (it remains unclear which) and the Allman murder (in February) were connected. It was only that night she realised this and that he was dealing in class A drugs. 18. Sixthly, according to Alford’s evidence, on the 26th - 27th August, 2014, he did not threaten Brandford in any way. He did, though, tell her that he was to go to Portsmouth to sell drugs. He had a lot to carry and she could help him. He told her that Killer had told him he could not afford to lose any drugs. He asked her to carry the drugs internally for him; his life depended upon it. She offered to assist. Cross- examined on behalf of Brandford, Alford did not accept that he had pressurised Brandford into carrying the drugs. He had told her of his problems. They discussed the matter and he considered that she had agreed to do it to assist him. He explained to her that the situation was dangerous; he did not follow her suggestion of going to the police.
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