R v Raqab Mohammed
[2023] EWCA Crim 1325
R v Armaan Khan
2 July 2024
[2024] EWCA Crim 809
Court of Appeal
A man was given a long prison sentence for selling drugs. The appeals court thought the sentence was too harsh because the judge got the rules wrong about how much the amount of drugs mattered. The appeals court made the sentence shorter, taking into account both the bad things the man did and the good reasons to give him a lighter sentence.
Key Facts
- •Appellant convicted of two counts of possession of Class A drugs (heroin and crack cocaine) with intent to supply.
- •Sentenced to 6 years 6 months imprisonment on each count, concurrent.
- •Drugs found in apartment included 430 wraps of heroin (73.87 grams), 5.84 grams of heroin, 19.87 grams of crack cocaine, and scales.
- •Appellant's fingerprints were found on drug packaging.
- •Appellant had previous convictions for similar offenses, including a 40-month sentence in 2020.
- •Offenses committed while on licence for previous drug convictions.
- •Significant delay (7-8 months) between arrest and charge.
Legal Principles
Sentencing guidelines for drug offences, specifically regarding the significance of drug quantity in cases of street dealing.
Drugs Guidelines
Consideration of aggravating factors in sentencing, such as previous convictions and offences committed while on licence.
Case law and sentencing principles
Assessment of mitigation in sentencing, including time served on recall, time on remand, and prison conditions.
Case law and sentencing principles
Outcomes
Appeal against sentence allowed.
Original sentence of 6 years 6 months was manifestly excessive due to an inappropriate starting point based on drug quantity and an insufficient consideration of mitigation.
Original sentence quashed.
The court found the Recorder's approach to the starting point based on quantity to be incorrect, according to the Drugs Guidelines.
Sentence reduced to 5 years 3 months imprisonment.
The court adjusted the sentence considering appropriate aggravating factors and mitigation.