Background
Background

News & Events

Tom Storey KC and Peter Byrne prosecute industrial-scale importation of nitrous oxide

29/08/2025

On 28th August 2025, Ben Richardson, Tom Richardson and Carl Messen were sentenced by HHJ Khokhar at Leeds Crown Court for their involvement in what the judge described as the “industrial-scale” importation of cannisters of nitrous oxide into the UK.  This followed a trial lasting some 12 weeks, prosecuted by Tom Storey KC and Peter Byrne.  

The Defendants had established a business importing “cream chargers” containing nitrous oxide from the Far East in around 2011.  At that time, there was no prohibition on the importation or supply of nitrous oxide, which has been used medicinally for many years and also has uses within the catering industry.  Concern about an increase in the misuse of nitrous oxide as a so-called “legal high”, along with a variety of other substances, led to the implementation of the Psychoactive Substances Act in 2016; from May of that year, it became illegal to import nitrous oxide in circumstances where one knew or suspected it would be consumed for its psychoactive effect.   

The Defendants set up multiple companies to facilitate their importation business, disguising their true nature by adopting names implying an involvement in the catering trade; in fact, the only products the companies ever traded in were nitrous oxide capsules.  The Defendants also established companies in mainland Europe to facilitate the importation of this product, and to assist in the concealment of the subsequent proceeds of the onward sale of cream chargers to customers across the UK.  At trial, evidence was given that the Defendants wanted to become the largest importers of cream chargers in the UK; between May 2016 and December 2018, they imported in excess of 91 million cannisters, the onward sale of which produced credits to the company bank accounts of some £16.7 million, over £12 million of which was in cash.

The trial involved presentation of evidence regarding the operation of these multiple companies; the nature of the Defendants’ principal customers; the process involved in importing these vast quantities of nitrous oxide cannisters; various intercepted consignments; and consideration of vast amounts of digital material comprising messages passing between the Defendants and with their customers.  The trial also involved legal arguments concerning exemptions to the Psychoactive Substances Act and the binding effect of previous Court of Appeal authorities, and the appropriate directions to be given to the jury in relation to the mental ingredients of the offence.

Tom Storey KC and Peter Byrne were instructed by Julian Briggs of the Yorkshire & Humberside CPS Complex Casework Unit.

Geraldine Kelly KC and Jemima Stephenson-Finn represented a defendant in the trial who was acquitted of both conspiracy to import nitrous oxide and money laundering offences.

Laughing gas gang set up bogus firms to import 91 million canisters – BBC News

Authors

Tom Storey KC

Call 1993 | Silk 2024

Geraldine Kelly KC

Call 1996 | Silk 2025

Peter Byrne

Call 2012

Related areas

Crime

Popular

We are really pleased to publish and share our third Annual Review. Reflecting…

Discover more

We are pleased to share that the King, on the advice of…

Discover more

Portfolio Builder

Select the practice areas that you would like to download or add to the portfolio

Download    Add to portfolio   
Portfolio
Title Type CV Email

Remove All

Download


Click here to share this shortlist.
(It will expire after 30 days.)