R v Mohammed Derie
[2024] EWCA Crim 1337
R v Mohammed Rasoul
10 May 2023
[2023] EWCA Crim 1267
Court of Appeal
A young man was sentenced for lots of drug dealing and other crimes. The judge gave him a long sentence, and the appeal court said the length was fair, but they changed the type of sentence because he's young.
Key Facts
- •Mohammed Rasoul pleaded guilty to various drug offences and other crimes committed between December 2021 and April 2022.
- •Offences included supplying Class A drugs (heroin and crack cocaine), possessing criminal property, assaulting emergency workers, and possessing bladed articles.
- •He received a 5-year 3-month sentence, with various concurrent and consecutive terms for different offences.
- •The applicant appealed against the sentence, arguing it was excessive and that insufficient credit was given for guilty pleas.
- •The applicant was 20 years old at sentencing.
- •He had a significant prior criminal record.
Legal Principles
Sentencing guidelines for drug supply offences.
Sentencing Guidelines
Credit for guilty pleas.
Criminal Procedure Rules
Totality principle in sentencing.
Not specified
Sentencing of young offenders.
Youth Justice and Criminal Evidence Act 1999
Outcomes
Appeal dismissed regarding the overall sentence length.
The court found the sentence, even before credit for pleas, was not manifestly excessive given the totality of the offences, the applicant's criminal record, and the persistent nature of his offending.
Appeal allowed regarding the type of sentence.
The custodial sentences should have been expressed as 'detention in a young offender institution' rather than 'imprisonment' due to the applicant's age.