Mohammed Junaid v R
[2024] EWCA Crim 1202
Atif Arif v R
11 July 2024
[2024] EWCA Crim 1195
Court of Appeal
A man was sentenced to over 10 years in prison for dealing large amounts of drugs. He appealed, arguing the sentence was too long. The appeals court disagreed, saying the sentence was fair considering the amount of drugs and his past crimes. The court also said delays in the case did not justify a shorter sentence.
Key Facts
- •Atif Arif pleaded guilty to two counts of conspiracy to supply Class A drugs and three counts of conspiracy to supply Class B drugs.
- •He was sentenced to concurrent 10-year-and-3-month prison terms for the Class A drug offences.
- •The offences involved the supply of significant quantities of cocaine, heroin, amphetamine, ketamine, and cannabis via an EncroChat device.
- •Arif had previous convictions for firearms offences, resulting in lengthy prison sentences.
- •He was on licence when he committed these offences and was recalled to custody.
- •His co-accused, Tayyab Sharif, received a 9-year-and-6-month sentence for the same offences.
- •Arif appealed his sentence, arguing the judge should not have added time for previous convictions, should have considered delays due to recall, and failed to apply the totality principle correctly.
Legal Principles
Sentencing guidelines for Class A drug offences, considering the quantity involved and the offender's role.
Sentencing Guidelines
The judge's discretion in considering previous convictions as a statutory aggravating feature.
Statutory Law
Totality principle in sentencing, considering the cumulative effect of multiple offences.
Case Law
No automatic reduction in sentence for time spent on remand following recall to custody.
Kerrigan [2014] EWCA Crim 2348
Judge's general discretion to do justice, including making adjustments to a sentence.
Case Law
Outcomes
The appeal against sentence was refused.
The court found the judge's sentencing to be justified, considering the quantity of drugs involved, Arif's significant role, his previous convictions, and the additional offences relating to Class B drugs. The court also found that any delay in proceedings did not warrant a reduction in sentence.