R v Hamzah Ali Hameed
[2023] EWCA Crim 1611
R v Lamar Barley
7 November 2023
[2023] EWCA Crim 1514
Court of Appeal
A young man got caught selling drugs. Even though it was serious, the judge gave him a second chance because he had a tough childhood, turned his life around, and showed he's unlikely to do it again. Instead of jail time, he'll do community service.
Key Facts
- •Lamar Barley pleaded guilty to possession with intent to supply heroin and being concerned in the supply of cannabis.
- •Offences committed when appellant was 18, sentenced at age 20.
- •Heroin found concealed in underwear; cannabis dealing evidenced by phone messages.
- •Significant delay (21 months) between offences and charges.
- •Appellant had no prior convictions, achieved good qualifications, and was employed at time of sentencing.
- •Troubled childhood with drug-addicted mother and violent home environment.
- •Pre-sentence report indicated low likelihood of re-offending and positive attributes.
- •Recorder refused to suspend sentence, citing the seriousness of Class A drug offences.
Legal Principles
Not all Class A drug offences necessitate immediate custodial sentences.
Implicit in the judgment's reasoning; case law not explicitly cited.
Sentencing should balance the seriousness of the offence with other mitigating factors, including the defendant's background, prospects of rehabilitation and the impact of imprisonment.
Implicit in the judgment's reasoning and application of sentencing guidelines.
Consideration of prison conditions as a factor in sentencing.
R v Ali [2023] EWCA Crim 232
Outcomes
Appeal allowed.
The Court of Appeal found the Recorder erred in principle by automatically imposing immediate custody for a Class A drug offence. Considering the appellant's mitigating circumstances (youth, troubled background, rehabilitation, and low re-offending risk), a suspended sentence was deemed appropriate.
Original sentence of 2 years' detention in a young offenders institution quashed.
Replaced with a suspended sentence of 2 years' detention in a young offenders institution, suspended for 18 months, with 100 hours of unpaid work and a 10-day rehabilitation activity requirement.