R v Armaan Khan
[2024] EWCA Crim 809
R v Raqab Mohammed
31 October 2023
[2023] EWCA Crim 1325
Court of Appeal
A young man was wrongly given a too-long prison sentence for drug dealing because the judge didn't understand he was being forced into it. The appeal court reduced his sentence to be fairer.
Key Facts
- •Appellant pleaded guilty to possessing Class A (cocaine) and Class B (cannabis) drugs with intent to supply.
- •Offenses occurred on July 15, 2021.
- •Police found significant quantities of drugs, drug paraphernalia, and cash at the appellant's address.
- •Appellant was 19 at the time of the offenses and 21 at sentencing.
- •Appellant's basis of plea stated he was in debt, threatened, and exploited by a drug dealer.
- •Recorder accepted the basis of plea and sentenced the appellant to 3 years' imprisonment for count 1 (Class A) and a concurrent 6-month sentence for count 2 (Class B).
- •Appellant's previous convictions included a 6-month conditional discharge for criminal damage, breached just two weeks before the drug offenses.
Legal Principles
Sentencing Council's Definitive Guideline on supplying or offering to supply a controlled drug, or possession with intent to supply (effective from April 1, 2021).
Sentencing Council Definitive Guideline
Consideration of offender's age and maturity in sentencing, even beyond 18.
Attorney-General’s Reference (Clarke) [2018] EWCA Crim 185
Principle of totality in sentencing.
Case Law (implied)
Outcomes
Appeal allowed in part.
Court found the Recorder should have categorized the appellant's role as 'lesser' rather than 'significant' due to his vulnerability, immaturity, and exploitation. The starting point for sentencing should have been lower.
Sentence on count 1 (Class A drugs) quashed and replaced with 2 years and 3 months' imprisonment.
Reflects a lower starting point (3 years) for a lesser role, then a reduction for guilty plea.
Sentence on count 2 (Class B drugs) remains unchanged (concurrent 6-month sentence).
No grounds for altering this sentence.