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Lincoln Crown Court sentences rapper Digga D to 3 years and 11 months in prison for selling cannabis on commercial scale - arrest came after police raid following Instagram Live stream




UK rapper Digga D has been sentenced to three years and 11 months in prison for selling 45 kilos of cannabis on a commercial scale.

The drill star, whose real name is Rhys Herbert, admitted importing 3.6kg (6.6lbs) of the Class B drug after he was arrested at his property in Bracebridge Heath near Lincoln in the early hours of February 21 last year while broadcasting on Instagram Live.

Lincoln Crown Court
Lincoln Crown Court

He pleaded guilty in May to a charge of importing 3.6 kilos of cannabis in June and July 2023 and a second charge of being concerned in the supply of cannabis.

However, during a trial of the issue, known as a Newton Hearing, at Lincoln Crown Court, the 24-year-old denied being involved in commercial transactions of up to 60kg (132lbs) of cannabis.

Judge Simon Hirst decided on the level of Herbert's drug dealing after hearing two days of evidence from Herbert and the prosecution who did not accept the basis of his pleas.

Rhy Herbert aka Digga D. Photo: Lincs Police
Rhy Herbert aka Digga D. Photo: Lincs Police

Passing sentence today (Friday, January 31) Judge Hirst said he was satisfied Herbert had played a significant role in selling cannabis for a commercial profit.

Judge Hirst said: "I am satisfied so that I am sure first, Mr Herbert was involved in supply of cannabis over a period of at least 7 months from about January 2023 to July 2023.

"Second, the amount of cannabis which came into the possession of Mr Herbert was at least 50.65 kilograms."

Judge Hirst added: "Third, with some reservations I am prepared to accept that Mr Herbert was himself using 28 grams per week over five months and that some drugs were shared with others.

"Even, considering that there were friends in Lincoln with him at some times, music engineers when in the studio and a management team, it is difficult to see how more than 5 kilograms could be consumed by those people, I am satisfied so that I am sure that at least 45 kilograms was sold on.

"Fourth, the cannabis, which was sold on, was for a commercial profit."

The court heard Herbert had six previous convictions for 13 offences, including possessing an offensive weapon and violent disorder for which he was sentenced to 30 months youth detention in March 2020.

James Scobie KC, mitigating for Herbert, argued there had been a determined effort to besmirch his client during the investigation and said none of his previous convictions were relevant.

"All the matters were when he was a teenager at the time, he was 18 at the time of the last offence," Mr Scobie told the court.

"This is very much a first offence in terms of drugs supply.

"He is clearly in a unique positon to obtain these drugs without being in a chain for many years, and you honour knows those reasons.

"Your honour found he was involved in supply for seven months, clearly that was intermittent, there were periods when he was out of the country."

Mr Scobie said Herbert had lost a year of his professional life and urged the sentence to be kept as low as possible.

"The defendant has been away since February, nearly a year, the court will be aware of the more legitimate side to this young man's life, that of a performer and a writer," Mr Scobie added.

"It is very sad at least a year of his legitimate working life has been spent behind bars, his last criminal offence was when he was 18, he will be 25 in June this year."

The court was also handed letters from Mr Herbert's mother and aunt which expressed his remorse and detailed his reading of the bible every day while he was in jail.

Mr Scobie said Herbert was an only child and urged: "He isn't a danger to the public, he is someone who contributes to the public."

Herbert, who has spent the last 10 months on remand at HMP Wormwood Scrubs, followed the sentence hearing via a videolink from the jail.

During the Newton Hearing, which was heard in December, Herbert said he began smoking cannabis from the age of 12 and used the drug throughout his teenage years to "help with his frequent migraines".

Herbert claimed it was "a benefit" to buy his cannabis in bulk as he could afford it and it proved cheaper.

The musician said buying in bulk also reduced the chance of him coming to the attention of the police as he was often stopped both in London and elsewhere in the country.

He said he also obtained bags of cannabis to use in the video for his hit song "I'm From."

Mr Scobie stressed the artist had earnings in excess of £3m at the time of the drug dealing activity.

The court heard two sets of weighing scales and a cannabis grinder were recovered from Herbert's London home on Lonsdale Road in Notting Hill, where he lived with his mother.

Mobile phone footage of the star handling a bag of cannabis and allegedly complaining about the poor quality was also played to the judge.

A number of photographs also showed Herbert handling large amounts of cash, the court was told.

Mr Scobie explained that Herbert was an internationally recognised musician with a legitimate income and made videos which demonstrated large amounts of money.



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