R v Kamaljit Singh Chahal & Anor
[2024] EWCA Crim 466
R v Fiesal Hizam & Anor
11 May 2023
[2023] EWCA Crim 628
Court of Appeal
Two men were caught running a big drug operation for a long time. They got long prison sentences. A court checked if the sentences were too harsh, but decided they were fair because the crime was serious.
Key Facts
- •Fiesal Hizam and Adam Prior pleaded guilty to four counts of conspiracy to supply class A and B drugs (cocaine, heroin, cannabis, ketamine).
- •The conspiracy ran from October 1, 2019, to May 12, 2022, but effectively ended around October 27, 2021.
- •Hizam used EncroChat (handle 'Fine Winter') and Prior's home as a safe house for drugs and cash.
- •EncroChat data showed substantial drug transactions (25kg cocaine, 6kg heroin, 6kg ketamine, 30kg cannabis) over two months.
- •Post-EncroChat, the conspiracy continued until October 2021 with 2kg of cocaine seized from a vehicle near Prior's address.
- •Hizam had prior convictions for drug offences, and Prior had a prior conviction for possession of a prohibited firearm.
- •Hizam was sentenced to 16 years (16 years for Class A, 5 years concurrent for Class B), and Prior to 12 years (12 years for Class A, 3 years concurrent for Class B).
Legal Principles
Sentences for large-scale commercial drug operations above Category 1 may exceed 20 years, depending on the offender's role.
Definitive Guideline on Drugs Offences
For offences in the 20-30 year range, sentencing is compressed, with less differentiation for amounts and roles.
R v Greenfield [2020] 2 Cr.App.R (S) 19
When sentencing for amounts significantly above guideline categories, the quantity is one factor among many (role, geographical scope, duration, types of drugs).
R v Greenfield [2020] 2 Cr.App.R (S) 19
Comparisons with sentences in other cases are unhelpful for determining if a sentence is manifestly excessive.
R v Greenfield [2020] 2 Cr.App.R (S) 19
The sentencing judge scales sentences based on the offender's role and significance to the overall offending.
R v Greenfield [2020] 2 Cr.App.R (S) 19
Mitigation is less important for very serious offences.
R v Greenfield [2020] 2 Cr.App.R (S) 19
Outcomes
Appeals dismissed.
The sentences, while severe, were not manifestly excessive. The judge properly considered the duration of the conspiracy, the quantities of drugs involved (though precise amounts couldn't be determined), the geographical scope, and the appellants' roles.