Caselaw Digest
Caselaw Digest

R v Tayyab Iqbal

9 July 2024
[2024] EWCA Crim 823
Court of Appeal
Tayyab Iqbal was caught running a large drug operation. The judge gave him 16 years in prison, but the appeal court decided that was too much and reduced it to 14 years. They agreed he was a key player in the operation but thought the original sentence didn't properly balance the seriousness of the crime with some positive things in his personal situation.

Key Facts

  • Tayyab Iqbal pleaded guilty to conspiracy to supply cocaine and possession with intent to supply heroin.
  • Iqbal rented a unit, ostensibly for a frozen food business, but used it for drug trafficking.
  • A significant drug handover was captured on CCTV, involving Iqbal and co-defendants.
  • Police seized a large quantity of cocaine (approximately 25kg), heroin (around 70g), and £19,570 in cash.
  • Iqbal attempted to destroy evidence by smashing his phone.
  • Iqbal had three vehicles modified to conceal drugs.

Legal Principles

Sentencing for drug offences considers the role of the offender (leading or significant) and the quantity of drugs involved.

Drugs Guidelines

Sentences for drug trafficking on a commercial scale with significantly higher quantities than Category 1 can exceed 20 years.

Drugs Guidelines

Mitigation factors such as delay, prison population state, and personal circumstances are considered in sentencing.

Sentencing Act 2020 and case law

The court assesses the evidence to determine the offender's role in the crime (leading vs. significant).

R v Johnson [2022] EWCA Crim 1575 (referenced but distinguished)

Outcomes

The Court of Appeal granted leave to appeal and quashed the original sentence.

The original sentence of 16 years' imprisonment was deemed manifestly excessive. The court found the judge was correct to classify Iqbal's role as leading but considered the overall sentence too lenient given the mitigating factors and the amount of drugs involved.

A sentence of 14 years' imprisonment was substituted for the conspiracy to supply cocaine charge.

This reflects a leading role in a substantial drug operation, after accounting for mitigation and the guilty plea.

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