R v Mohammed Derie
[2024] EWCA Crim 1337
R v Hyzaifah Khan
7 March 2023
[2023] EWCA Crim 297
Court of Appeal
A young man was caught selling drugs. A judge gave him 3 years in prison. He appealed saying he was forced, but the higher court didn't believe him and kept the sentence.
Key Facts
- •Appellant pleaded guilty to two counts of possessing Class A drugs (cocaine and heroin) with intent to supply.
- •Appellant was 20 years old at sentencing, of previous good character.
- •Appellant was seen discarding drugs and a bag containing drugs while running from police.
- •Police found drugs, £455 cash, and a mobile phone containing messages indicating drug dealing.
- •Appellant gave a false address.
- •Appellant claimed he sold drugs to pay off a cannabis debt and faced threats.
- •Pre-sentence report indicated low risk of re-offending and harm.
- •Recorder sentenced appellant to three years' detention in a young offender institution (concurrent sentences).
Legal Principles
Sentencing guidelines for drug trafficking, considering role and harm.
Sentencing Guideline
Determination of appropriate discount for guilty pleas; an unequivocal indication of a guilty plea is required.
R v Plaku [2021] EWCA Crim 568
Sentencing for offences exceeding the two-year maximum for suspended sentences mandates immediate detention.
Section 21
Section 5(3) of the Misuse of Drugs Act 1971.
Misuse of Drugs Act 1971
Outcomes
Appeal dismissed.
The Recorder's assessment of the appellant's significant role in drug dealing, the harm caused, and the appropriate sentence were not found to be erroneous. The claim of coercion was not adequately supported by the evidence. The 25% discount for guilty pleas was correct.