Smith, Mark

Mark Smith was convicted in July 2010 of conspiracy to supply Class A drugs and received a sentence of 14 years and eight months’ imprisonment.

The CCRC received an application for review of Mr Smith’s sentence in February 2016.

Mr Smith had pleaded guilty and was sentenced on the basis that he was in a position of “considerable authority” in the conspiracy.

Following an appeal process, and after a number of concessions were made by the Crown, Mr Smith’s co-defendant (who at sentencing had also been described as being in a position of considerable authority), succeeded in arguing that he had, in fact, occupied a position in the conspiracy at a level lower than that referred to by the sentencing judge. The co-defendant received a reduced sentence as a result.

Having regard to the concessions made by the Crown prior to the co-defendant’s appeal, it was submitted on behalf of Mr Smith that those concessions applied equally to his sentence.

On sentencing the Crown had argued – and the sentencing judge accepted – that both men had occupied similar and senior positions in the chain of command in the conspiracy.

Following a request from the CCRC, the Crown issued clarification of its stance in relation to the sentence of Mr Smith. The Crown confirmed it would not seek to assert that Mr Smith occupied a position within the conspiracy that was higher than Mr Smith’s co-defendant.

Following review, the CCRC concluded that the Crown’s concessions regarding Mr Smith’s role in the conspiracy amounted to new information that raised a real possibility Mr Smith’s sentence would be reduced if referred to the Court of Appeal.

The CCRC referred the sentence in June 2016.

The Court of Appeal reduced the sentence in July 2016.