R v Shakeel Janjua
[2024] EWCA Crim 32
R v John Paul Burgon
11 October 2023
[2023] EWCA Crim 1252
Court of Appeal
A man was sent to prison for seven years for crimes involving drugs and dangerous driving. The judge made some mistakes in calculating his sentence. A higher court looked at it again and reduced his sentence to six years and ten months.
Key Facts
- •John Paul Burgon pleaded guilty to two drug offences, dangerous driving, and perverting the course of justice.
- •First indictment (T20217672): Conspiracy to supply Class A drugs (May-October 2020), Burgon's role was street dealing for six days, possessing the dealer phone.
- •Second indictment (T20227257): Supplying crack cocaine on August 10, 2021, a single incident.
- •Third indictment (T20227167): Dangerous driving on October 25, 2021, and perverting the course of justice by falsely reporting his car stolen.
- •Burgon's mitigation included loss of job due to the pandemic, resulting drug debt and coercion, and efforts to address addiction.
- •Original sentence: Seven years and four months' imprisonment, 68-month driving ban.
Legal Principles
Sentencing guidelines for drug trafficking, considering role (lesser or significant) and harm category.
Sentencing Guidelines
Totality principle in sentencing; ensuring the overall sentence is not manifestly excessive.
Sentencing Principles
Credit for early guilty pleas.
Criminal Procedure Rules
Sentencing for dangerous driving and perverting the course of justice under the Road Traffic Offenders Act 1988.
Road Traffic Offenders Act 1988
Outcomes
Appeal partially allowed.
The Court of Appeal reduced the sentence for the first indictment due to an overestimation of the initial sentence and a slight miscalculation of the discount for the guilty plea. The sentences for the second and third indictments were deemed appropriate, though the reasoning was adjusted slightly.
Sentence on first indictment quashed and reduced from 44 months to 38 months.
The original sentence was considered too high considering the mitigating factors and the duration of Burgon's involvement.
Sentences on second and third indictments upheld.
While the Court of Appeal adjusted the reasoning behind the sentencing on the second indictment, the final sentence was deemed appropriate considering the aggravating factors. The sentencing on the third indictment was also found to be appropriate.
Total sentence reduced from 88 months (7 years, 4 months) to 82 months (6 years, 10 months).
Consecutive sentences for each offence were deemed appropriate, but the overall sentence was adjusted to reflect the reduction in the sentence for the first indictment.
Driving disqualification reduced from 68 months to 65 months.
Consequential adjustment to reflect the altered prison sentence.