R v Tayyab Iqbal
[2024] EWCA Crim 823
R v Scott Gavin Parry
31 July 2024
[2024] EWCA Crim 1017
Court of Appeal
A man was caught running a huge cocaine operation. The judge gave him a 13-year sentence, but a higher court decided that wasn't long enough for a crime of that size and increased his sentence to 17 years.
Key Facts
- •The respondent, born 26 January 1986, pleaded guilty on 15 January 2024 to being concerned in the supply of 82kg of cocaine (Count 1) and possessing criminal property (£8,500) (Count 9).
- •Offences occurred between February 2019 and July 2020 in Southampton.
- •The respondent played a leading role in a large-scale cocaine supply operation, directing activities via EncroChat and managing a safe house.
- •The wholesale value of the cocaine was over £3.1 million, with a potential street value of £4-£8 million.
- •The respondent had no prior convictions, apart from a 2022 reprimand for possessing an offensive weapon.
- •The trial judge sentenced the respondent to 13 years 8 months' imprisonment for Count 1 and a concurrent 2-year sentence for Count 9.
Legal Principles
Test for unduly lenient sentences under s.36 of the Criminal Justice Act 1988.
Attorney-General's Reference (Azad) 2021 EWCA Crim 1846
Sentencing guidelines for drug offences; consideration of culpability and harm; sentences for large-scale commercial operations.
Sentencing Council Definitive Guideline for drug offences
Principles for sentencing in cases with drug quantities significantly exceeding guideline figures.
Cuni & others [2018] EWCA Crim 600
Appellate court reluctance to interfere with a trial judge's sentence unless there's an error of principle, mistaken factual basis, or unreasonable weight assessment.
Wilson [2024] EWCA Crim 124
Sentencing Code (s.59 Sentencing Act 2020) requiring adherence to relevant guidelines unless contrary to the interests of justice.
s.59 Sentencing Act 2020
The role of mitigation in extremely serious drug offences is likely to be relatively slight.
Cuni & others [2018] EWCA Crim 600 (implied)
Outcomes
The Court of Appeal found the sentence unduly lenient.
The scale of the commercial drug operation warranted a significantly higher starting point than that applied by the trial judge. The reduction for mitigating factors was also deemed excessive.
The 13 years 8 months' imprisonment on Count 1 was quashed and replaced with a 17-year sentence.
The Court considered a starting point of around 21 years before mitigation, reduced by 1 year for mitigation and 15% for the guilty plea.