R v Kamaran Kadar & Anor
[2024] EWCA Crim 117
R v Mokter Hossain
16 May 2024
[2024] EWCA Crim 602
Court of Appeal
A man was sentenced to over 10 years in prison for running a huge people-smuggling business. He argued his sentence was too long and unfair compared to someone else involved. The court disagreed, saying his crime was much bigger and that sentences for this type of crime are getting tougher.
Key Facts
- •Mokter Hossain pleaded guilty to conspiracy to facilitate illegal immigration.
- •He ran a large-scale people-smuggling operation over 3.5 years, involving at least 20 events and 129 migrants.
- •His basis of plea was rejected after a Newton hearing.
- •He was sentenced to 10 years and 6 months' imprisonment.
- •His co-accused, Noor Ullah, received a significantly shorter sentence (2 years 5 months) based on a limited role in a single event.
- •Hossain appealed his sentence as manifestly excessive, citing an overly high starting point and disparity with Ullah's sentence.
Legal Principles
Sentencing guidelines for conspiracy to facilitate illegal immigration; consideration of scale, duration, and commercial nature of the operation; deterrence as a sentencing objective.
R v Ali [2018] EWCA Crim 405; Sentencing Council guidelines (implied); evolving sentencing climate considering the increase in human smuggling operations.
Assessment of disparity in sentences between co-accused considering the difference in their roles and the factual basis of their pleas.
R v Ullah [2022] EWCA Crim 777 (implicitly referenced in the disparity argument).
Outcomes
The appeal was dismissed.
The court found the starting point of 12 years' imprisonment to be appropriate given the scale and duration of Hossain's operation, and the changed sentencing climate. The disparity with Ullah's sentence was deemed justifiable due to the significant difference in their roles and the factual basis of their pleas.