R v Mokter Hossain
[2024] EWCA Crim 602
R v Kamaran Kadar & Anor
25 January 2024
[2024] EWCA Crim 117
Court of Appeal
Two men were caught smuggling people into the UK. One pleaded guilty and got 4.5 years in prison, the other was found guilty and got 2.5 years. The judge considered how big a part each man played, if they were forced, and other things to decide their sentences. The appeals court agreed with the sentences.
Key Facts
- •Kamaran Kadar (44) and Mariwan Mustafa (34) appealed sentences for their roles in a people-smuggling operation.
- •Kadar pleaded guilty to conspiracy to facilitate a breach of immigration law; Mustafa was found guilty at trial of assisting unlawful immigration.
- •The operation involved bringing individuals from Kurdish communities in Iran and Iraq into the UK illegally, using an HGV.
- •Goran Jalal, a British national, was identified as the leading figure in the conspiracy but has not been prosecuted.
- •The final mission involved two Iraqi teenage siblings, who were subsequently granted asylum.
- •Evidence included cash found in the HGV, fingerprints matching Kadar's, mobile phone data, and cell site data.
- •Kadar's basis of plea involved claims of coercion and fear of Jalal.
- •Both appellants had previous good character except for minor cautions.
- •Kadar received a 4½-year sentence (reduced from 5½ years for plea); Mustafa received a 2½-year sentence.
Legal Principles
Sentencing for offences under section 25(1)(a) of the Immigration Act 1971.
R v Le and Stark [1999] 1 Cr App R(S) 422; Attorney-General’s Reference No 28 of 2014 ([2014] EWCA Crim 1723); Attorney-General’s References Nos 49 and 50 of 2015 (R v Bakht) [2015] EWCA Crim 1402
The absence of offence-specific guidelines requires assessment of harm and culpability under the General Overarching Principles Guideline.
General Overarching Principles Guideline
Nogib Ali [2018] EWCA Crim 405 is not a guideline case and does not provide benchmarks for sentencing.
R v Nogib Ali & Ors [2018] EWCA Crim 405
Considerations for sentencing in people smuggling cases, including the role of the defendant, planning, organisation, financial motivation, repeat offending, and personal mitigation.
Case Law Discussion
Assessment of the impact of delay in proceedings on sentencing.
R v Timpson [2023] EWCA Crim 453
Outcomes
Kadar's appeal dismissed.
The court found the 4½-year sentence was not manifestly excessive, considering his significant role, albeit under pressure, and substantial personal mitigation.
Mustafa's appeal dismissed.
The court found the 2½-year sentence was not manifestly excessive, considering his key role in the final operation and personal mitigation, despite the delay in proceedings.