R v Ashley Hook & Anor
[2024] EWCA Crim 621
R v Khumran Mohammed Taj
30 July 2024
[2024] EWCA Crim 978
Court of Appeal
A man was jailed for 18 years for running two big drug businesses. The court agreed the businesses were separate but thought his sentence was too harsh. They reduced it to 16.5 years and made sure all the parts of the sentence were properly announced in court.
Key Facts
- •Khumran Mohammed Taj (appellant) appealed against 18-year sentences for drug offences.
- •Two indictments: Bradford (county lines operation, 'Billy line') and Luton (wholesale drug operation).
- •Bradford: Conspiracy to supply Class A drugs, involving a drugs line with 408 calls/day and seven cars.
- •Luton: Possession of over 2,000 wraps of controlled drugs (heroin, cocaine, crack cocaine, cannabis), valued between £200,000-£400,000.
- •Appellant had 11 previous convictions for 45 offences, including 27 drug offences.
- •Recorder imposed consecutive sentences: 16 years for Bradford, 16 years for Luton, reduced to 18 years after plea.
- •Appellant argued sentences should be concurrent as a single course of criminal conduct.
Legal Principles
Sentencing guidelines for drug offences, particularly Category 1A for leading roles and substantial quantities.
Sentencing Council guidelines
Consecutive vs. concurrent sentences: Whether offences constitute a single course of criminal conduct.
Case law on sentencing principles
Requirement for sentences on each count to be pronounced in open court.
R v Ayo [2022] EWCA Crim 1271 and R v Whitwell [2018] EWCA Crim 2301
Outcomes
Appeal partially allowed.
The Court of Appeal found that while there was overlap, the appellant's actions constituted two separate operations. However, the notional sentence was deemed too high. The sentences were amended to be concurrent.
Total sentence reduced to 16.5 years (concurrent sentences).
The original notional sentence was reduced, and all individual sentences were made concurrent, despite correcting the procedural error of not pronouncing all sentences in open court.