Been doing a bit of digging. If - as is likely - there’s evidence of contact between him and Ellis (text messages, emails etc) he’s looking at “Conspiracy to supply Class A drugs”. The definition of “conspiracy” is, to say the least, flexible:
A criminal conspiracy is where two or more people plan to carry out behaviour that will involve a criminal offence or offences being committed. Conspiracy to supply class A drugs can therefore cover planning or carrying out any behaviour intended to contribute to the supply of class A drugs.
The actions being planned do not necessarily need to be criminal in and of themselves for conspiracy charges to apply, the actions merely have to be intended to contribute to a plan that will lead to a crime being committed. For example, driving a car to pick up a shipment of cocaine could see you charged with conspiracy to supply class A drugs, even though the action of driving a car itself is not criminal.
Source: Conspiracy to Supply Class A Drugs - Conspiracy Solicitor
Even if he manages to dodge a conspiracy charge, his actions place him in the “significant role” category, not “lesser”:
SIGNIFICANT role:
- operational or management function within a chain;
- involves others in the operation whether by pressure, influence, intimidation or reward;
- motivated by financial or other advantage, whether or not operating alone;
- some awareness and understanding of scale of operation;
- supply, other than by a person in a position of responsibility, to a prisoner for gain without coercion.
LESSER role:
- performs a limited function under direction;
- engaged by pressure, coercion, intimidation;
- involvement through naivety/exploitation;
- no influence on those above in a chain;
- very little, if any, awareness or understanding of the scale of operation;
- if own operation, absence of any financial gain, for example joint purchase for no profit, or sharing minimal quantity between peers on non-commercial basis.
Since he was “street dealing”, the quantity in his possession is not considered; he’d be classed under under Category 3 and be looking at 3½ to 7 years
Even a “lesser” role can lead to a custodial sentence should a judge so decide:
