R v Hyzaifah Khan
[2023] EWCA Crim 297
R v Patryk Fornalski
17 July 2024
[2024] EWCA Crim 894
Court of Appeal
A man was caught letting his house be used to sell and make illegal drugs. He got 3 years in jail. He tried to appeal the sentence, but the judge said the jail time was fair because of the amount of drugs and the fact that he was likely making a lot of money from it. The appeal was rejected.
Key Facts
- •Patryk Fornalski pleaded guilty to permitting premises to be used for the supply of Class A (MDMA) and Class B (cannabis and amphetamines) drugs.
- •Drugs had a street value exceeding £26,000.
- •Police found drugs, bypassed electricity, and a gas canister during a search.
- •Fornalski claimed he sublet the property and visited monthly to collect rent.
- •Fornalski had a previous conviction for robbery in Poland and a UK caution for battery.
- •He received a 3-year prison sentence.
Legal Principles
Sentencing for permitting premises to be used for drug supply under section 8 of the Misuse of Drugs Act 1971.
Misuse of Drugs Act 1971, section 8
Credit for guilty pleas, considering the timing and nature of the plea in relation to alternative charges.
Overarching Guideline in Reduction in Sentence for a Guilty Plea, paragraph F3
Outcomes
Appeal against sentence dismissed.
The court found the 3-year sentence was not manifestly excessive, considering the quantity of drugs, the judge's inference of significant financial gain for Fornalski, and the late stage of his guilty plea.