R v Przemyslaw Libert
[2023] EWCA Crim 1556
R v Zain Abdeen Yusuf & Ors
9 July 2024
[2024] EWCA Crim 856
Court of Appeal
Three men were caught running a massive drug operation involving almost a tonne of cocaine and a gun. The court agreed with most of their long prison sentences, but reduced one part of their punishment because it was too harsh under the law. They got very long prison sentences because of the huge amount of drugs and the danger of the gun.
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.