R v Armaan Khan
[2024] EWCA Crim 809
R v Robert Wooldridge
12 September 2023
[2023] EWCA Crim 1410
Court of Appeal
A man was caught selling drugs and got a 5.5-year sentence. He tried to argue he'd cleaned up his act, but the judge said his past crimes meant he deserved the full sentence, even though the judge used the wrong words when explaining his decision.
Key Facts
- •Applicant pleaded guilty to possessing Class A drugs (cocaine and diamorphine) with intent to supply and obstructing a constable.
- •Offenses occurred on June 30, 2021.
- •Applicant had four previous convictions for drug trafficking.
- •Applicant was 46 at the time of the offenses and 48 at sentencing.
- •Applicant had made efforts to rehabilitate himself, including being abstinent from drugs for two years and reducing his methadone dosage.
- •Pre-sentence and liaison and diversion reports highlighted the applicant's mental health issues (PTSD, anxiety, depression) and potential for rehabilitation.
- •Sentencing judge imposed a 66-month sentence for each drug offense (concurrent) resulting in a total sentence of 5 years and 6 months.
- •The judge considered the minimum 7-year sentence under section 313 of the Sentencing Code but found no 'exceptional circumstances' to justify a lower sentence. This was an error as the correct test was 'unjust in all the circumstances'.
Legal Principles
Minimum sentence provisions should be applied unless particular circumstances of the offence or offender make it unjust.
Attorney General’s Reference (R v Marland) [2018] EWCA Crim 1770
The court must distinguish between 'exceptional circumstances' and 'particular circumstances' when considering minimum sentences.
R v Hickson [2002] 1 Cr App R(S) 71; [2001] EWCA Crim 1595
Normal circumstances are not to be considered 'particular circumstances' to circumvent minimum sentencing provisions.
R v Lucas [2012] 2 Cr App R(S) 14
Proper sentencing exercise involves considering Sentencing Council Guidelines, then ensuring the sentence meets the minimum term required by statute. It may be significantly higher.
R v Silvera [2013] EWCA Crim 1764
The test for reducing minimum sentences is 'unjust in all the circumstances' for offences committed before 28 June 2022.
Section 313(2)(a) of the Sentencing Code
Outcomes
Application for leave to appeal against sentence refused.
The Court found that the applicant's circumstances, while showing positive steps towards rehabilitation, did not constitute 'particular circumstances' making the minimum sentence unjust. The judge's error in using the 'exceptional circumstances' test was deemed immaterial to the overall appropriateness of the sentence.