R v Jason Heath
[2024] EWCA Crim 970
R v Faisal Hussain
1 September 2023
[2023] EWCA Crim 1096
Court of Appeal
Faisal was jailed for 7 years for selling drugs. The judge said he was a big part of a drug ring. The appeal court said he wasn't that important and reduced his sentence to 5 years and 2 months.
Key Facts
- •Faisal Hussain (age 26) appealed his 7-year sentence for two counts of possession with intent to supply Class A drugs (2020) and two counts of conspiracy to supply Class A drugs (2022).
- •The 2020 offenses involved street-level dealing with £1329 cash, cocaine, and heroin (£930 street value).
- •The 2022 offenses involved a sophisticated organised crime group; Hussain controlled one drug line for a limited period (mid-March to early April) under Adeel Khan's direction.
- •The prosecution considered Hussain's role in the conspiracy as 'significant' but towards the lower end.
- •The judge categorized Hussain's role in the conspiracy as a Category 2 significant role, resulting in a 6-year starting point.
- •The judge added 18 months for the 2020 offenses, making a total of 7 years, allowing for totality.
Legal Principles
Sentencing guidelines for supplying Class A drugs.
Sentencing Council’s Guideline for supplying Class A drugs
Totality principle in sentencing.
Not explicitly stated, but implied in the judgment.
Considerations for sentencing, including the role played in the offense, aggravating factors (offending while under investigation, previous offenses), mitigating factors (age, personal circumstances, progress in custody, acting under influence of others), and discount for guilty pleas.
Case law and sentencing principles.
Outcomes
Appeal allowed; sentence reduced to 5 years, 2 months.
The court found the original sentence manifestly excessive. Hussain's role was considered lower than initially assessed. The appropriate starting point was Category 3 significant role (street supplier), adjusted downwards for mitigating factors.