Key Facts
- •Three appellants (Zain Yusuf, Mohammed Khan, Imad Musa-Hamid) involved in an organized criminal gang dealing with approximately 987 kg of cocaine, a fully automatic firearm, and live ammunition.
- •Offending took place between January 1 and June 19, 2020, utilizing the EncroChat encrypted messaging network.
- •Appellants used a vehicle with hidden compartments to transport drugs, disguised as a medical transporter during lockdown.
- •The group imported or purchased drugs near the point of importation and distributed them throughout the UK.
- •Estimated street value of the cocaine was approximately £35 million (at least £13 million).
- •Yusuf requested Khan to source a handgun and ammunition; Khan obtained these from an associate; Musa-Hamid transported them but was stopped by police.
- •Appellants pleaded guilty at different stages of the trial process.
- •Sentences: Yusuf – 22 years 6 months; Khan – 23 years 7 months; Musa-Hamid – 18 years 10 months.
Legal Principles
Maximum sentence for possession, purchase or acquisition of ammunition without a firearm certificate is 5 years' imprisonment unless aggravated (Firearms Act 1968, Schedule 6).
Firearms Act 1968, Schedule 6
Sentencing guidelines for conspiracy to supply Class A drugs; sentences of 20 years and above may be appropriate for quantities exceeding 5kg.
Sentencing Guidelines for Conspiracy to Supply Class A Drugs
Credit for guilty pleas: 25% reduction for pleas at first appearance, unless advice/evidence review is necessary; lesser reductions for later pleas.
Sentencing Guidelines
Totality principle in sentencing: Consecutive sentences must take into account the overall sentence length.
Sentencing Principles
Outcomes
Appeals allowed concerning the sentences for conspiracy to sell/transfer ammunition; sentences quashed and replaced with 5-year sentences.
The original sentences exceeded the maximum permitted by law (Firearms Act 1968, Schedule 6).
Appeals dismissed concerning the sentences for conspiracy to supply drugs and firearm/ammunition for Khan and Musa-Hamid.
The court found no errors in the judge's approach to roles, culpability, harm categories, credit for pleas, and totality in sentencing. The sentences were deemed proportionate to the offences' gravity.