R v Erjon Xhaferi
[2024] EWCA Crim 1039
R v Ryan Cahill
21 June 2024
[2024] EWCA Crim 756
Court of Appeal
Ryan Cahill was sentenced to 80 months in prison for many crimes, including growing a lot of cannabis and hurting someone. He tried to appeal his sentence, but the court said the sentence was fair considering all the crimes he committed.
Key Facts
- •Ryan Cahill pleaded guilty to several offences including: concerned in the production of cannabis (Count 8), multiple burglaries and attempted burglaries (Counts 2, 3, 4, 5), attempted theft (Count 6), damaging property (Count 7), assault occasioning actual bodily harm (Count 10), and assault by beating (Counts 11 & 12).
- •The offences spanned several months and involved various crimes, including a large-scale cannabis production operation, multiple burglaries targeting commercial premises, and serious assaults against a complainant, Earl Harris.
- •A substantial cannabis production site was discovered at Slifehurst Wood Farm, with a potential yield valued between £31,500 and £168,000.
- •The complainant, Earl Harris, alleged mistreatment and abuse at the hands of Cahill and others, including threats, physical violence, and deprivation.
- •Cahill's appeal challenged the starting point for the cannabis production charge (Count 8) and the overall sentence’s excessiveness due to alleged double counting and insufficient consideration of totality.
Legal Principles
Totality in sentencing
Case Law
Sentencing for drug production
Misuse of Drugs Act 1971, section 4(2)(b)
Sentencing for burglary
Theft Act, section 9(1)(b)
Sentencing for assault
Offences Against the Persons Act 1861, section 47; Criminal Justice Act 1988, section 39
Outcomes
Appeal dismissed.
The Court of Appeal found the starting point for Count 8 (cannabis production) was not too high and that the overall sentence, while considering totality and mitigation, was not manifestly excessive.