R v Hyzaifah Khan
[2023] EWCA Crim 297
R v Mahamud Ali
10 October 2024
[2024] EWCA Crim 1218
Court of Appeal
A man sold fake cocaine (paracetamol). He got 12 months in prison. He appealed, saying the judge should have suspended the sentence. The Court of Appeal said the judge followed the right rules for sentencing fake drug cases and the sentence was fair, so the appeal failed.
Key Facts
- •Applicant pleaded guilty to being concerned in the supply of Class A drugs.
- •Applicant offered bags of crushed paracetamol disguised as cocaine.
- •A trace amount of cocaine (0.049 grams) was also found.
- •Applicant's phone contained messages indicating drug dealing activity.
- •Applicant received a 12-month prison sentence.
- •Applicant appealed against the sentence, arguing that the judge erred in finding no realistic prospect of rehabilitation and in not suspending the sentence.
- •The case involved the application of sentencing guidelines to the supply of fake drugs.
Legal Principles
Supplying fake prohibited drugs involves a lesser degree of criminality than supplying real drugs, but it is still a form of fraud within the context of the prohibited drugs market.
R v Tugwell [2001] EWCA Crim 719
In sentencing for supplying or offering to supply controlled drugs, judges should follow the Sentencing Council's guideline, even in cases involving fake drugs. The guideline should be applied, then a discount should be applied to reflect the fact that the drugs were fake.
Sentencing Act 2020 and Sentencing Council Guidelines
The Court of Appeal will only interfere with a decision not to suspend a sentence if the decision is clearly wrong or one to which no reasonable judge could have come.
Implied from the Court's decision-making process
Outcomes
Appeal dismissed.
The Court of Appeal found that the Recorder had carried out a careful sentencing process, balancing all relevant factors and reaching a just and appropriate sentence. The judge's conclusion regarding rehabilitation prospects was deemed reasonable. The correct approach to sentencing for fake drugs was to apply the guideline as if real drugs were involved and then apply a discount.
Leave to appeal granted, but appeal dismissed.
The court provided guidance on the correct approach to sentencing in cases involving the supply of fake drugs using the Sentencing Council Guidelines.