R v Babak Rasouli
[2023] EWCA Crim 229
R v Jordan Murray
6 December 2023
[2023] EWCA Crim 1511
Court of Appeal
A man got 4.5 years for smuggling drugs and phones into prison while already serving a 20-year sentence. He appealed, saying the judge should have given him a bigger discount because of his existing sentence. The court said the discount was fair and refused his appeal.
Key Facts
- •Jordan Murray (applicant, age 30) was sentenced to four-and-a-half years' imprisonment for four counts of conspiracy to smuggle drugs and mobile phones into prison.
- •Offenses involved smuggling via a line and bag from a prison window, containing phones, cocaine, cannabis, and stanozolol.
- •Offenses occurred while Murray was on remand awaiting sentence for serious firearms and perverting the course of justice offenses (20-year extended sentence, 17 years custodial).
- •The smuggling attempt failed, and items were recovered by a prison officer.
- •Sentencing judge considered the Sentencing Council guideline on supplying drugs, noting Murray's significant role and the prison setting.
- •The judge imposed consecutive sentences, reducing the initial five-year sentence to four-and-a-half years due to totality and the delay in trial (pandemic).
- •The appeal argued insufficient discount for totality considering Murray's existing 20-year sentence.
Legal Principles
Sentencing for offenses under the Prison Act 1952, in the absence of a specific guideline, should consider relevant Sentencing Council guidelines (e.g., supplying drugs).
Sentencing Council guideline on supplying drugs
Sentences should be just and proportionate, considering totality when cumulative sentences are imposed.
Implicit in judicial reasoning
Outcomes
Leave to appeal against sentence refused.
The Court of Appeal found no arguable merit in the appeal. The judge appropriately considered totality in reducing the sentence from five to four-and-a-half years, and this was deemed sufficient.
Application for extension of time to appeal refused.
Based on the lack of merit in the appeal itself.