R v Oleksandr Hranatyr
[2023] EWCA Crim 1684
R v Olgert Murataj
20 March 2024
[2024] EWCA Crim 334
Court of Appeal
A man was given six months in jail for drug dealing, but the Court of Appeal changed it to a community order (like probation) because he had already spent a long time in jail waiting for his trial and showed remorse. They decided jail wasn't necessary in this case.
Key Facts
- •Olgert Murataj pleaded guilty to possession of a Class B drug with intent to supply.
- •He was sentenced to six months' imprisonment.
- •He was arrested after police found two kilograms of cannabis in a car he was driving.
- •He claimed he was paid £100 to drive the car and the drugs weren't his.
- •He had no previous convictions.
- •A pre-sentence report suggested a community order.
- •The sentencing judge considered his role as between 'significant' and 'lesser'.
Legal Principles
Guidelines on the imposition of custodial and community sentences.
Sentencing Guidelines
Custody threshold not reached; community order appropriate.
R v Rakib [2012] 1 Cr App R (S) 1
Section 208(11) Sentencing Act 2020: No punishment requirement in community order if time already served.
Sentencing Act 2020, section 208(11)
Section 205 Sentencing Act 2020: Court can consider time spent on remand.
Sentencing Act 2020, section 205
Section 256AA Sentencing Act 2020: Supervision requirement after custodial sentence.
Sentencing Act 2020, section 256AA
Not normally appropriate to suspend a custodial sentence where time on remand would entirely cover the sentence.
R v Rakib [2012] 1 Cr App R (S) 1
Rehabilitation activity requirement appropriate in community order.
R v Coates [2023] 2 Cr App R (S) 4
Outcomes
Appeal allowed in part.
The six-month custodial sentence was quashed and replaced with a 12-month community order with a rehabilitation activity requirement due to the custody threshold not being met and significant mitigating factors.