R v Armaan Khan
[2024] EWCA Crim 809
Mohammed Junaid v R
6 September 2024
[2024] EWCA Crim 1202
Court of Appeal
A man was sentenced to over six years in prison for running a large drug operation and driving while banned. He appealed the sentence, but the Court of Appeal said the sentence was fair, considering the amount of drugs involved and his past offences. The Court acknowledged the man pleaded guilty but felt the sentence was proportionate to the crime.
Key Facts
- •Appellant pleaded guilty to fraudulent evasion of a prohibition, possession of Class A and B drugs with intent to supply, possession of criminal property, and two counts of driving while disqualified.
- •Police found significant quantities of cannabis and cocaine, drug paraphernalia, cash, and mobile phones at the appellant's home and a separate "stash house."
- •Border Force intercepted packages containing cannabis addressed to the appellant.
- •Mobile phone analysis indicated involvement in drug supply.
- •Appellant had prior convictions, including a suspended sentence for dangerous driving.
- •Appellant was 32 years old at sentencing.
Legal Principles
Sentencing for drug trafficking offences considers the quantity of drugs, role in the operation, and sophistication of the operation.
Sentencing guidelines and case law on drug trafficking.
Concurrent and consecutive sentences are used to reflect the totality of offending.
Sentencing guidelines and case law.
Reduction for guilty plea is considered, but the timing and other mitigating factors influence the extent of the reduction.
Sentencing guidelines and case law.
Driving while disqualified is a serious offence justifying a consecutive sentence.
Sentencing guidelines and case law.
Section 11(3) of the Criminal Appeal Act 1968 limits the court's power to correct sentencing errors.
Criminal Appeal Act 1968, s.11(3)
Outcomes
Appeal against sentence dismissed.
The sentence was found to be just and proportionate to the seriousness and totality of the offending, considering the appellant's role in a significant drug trafficking operation and prior convictions. The judge's consideration of the guilty plea and other mitigating factors was deemed appropriate.