R v Babak Rasouli
[2023] EWCA Crim 229
R v Zakaria Chentouf
16 March 2023
[2023] EWCA Crim 369
Court of Appeal
A man pleaded guilty to drug charges after a judge hinted he'd get a lighter sentence. A different judge gave him a 10% discount, which is standard. The Court said that the first judge's hint wasn't a promise, and the sentence was fair.
Key Facts
- •Zakaria Chentouf was charged with two counts of being concerned in the supply of Class A drugs (heroin and cocaine).
- •Late evidence was served by the prosecution.
- •Chentouf initially pleaded not guilty, but changed his plea to guilty after reviewing the late evidence.
- •Judge Rennie indicated that Chentouf would receive considerable credit for changing his plea.
- •Sentencing was adjourned to a different judge (Judge Huseyin).
- •Judge Huseyin applied a 10% discount for the guilty plea on the first day of trial, resulting in a 48-month sentence.
- •Chentouf appealed, arguing that Judge Huseyin should have given more weight to Judge Rennie's indication of credit.
Legal Principles
Indications as to sentence should be rare, precise, and not create inappropriate pressure on the defendant to plead guilty.
R v AB [2021] EWCA Crim 2003, [2022] 2 Cr App R 10
Sentencing guidelines (section 59(1) of the Sentencing Code) must be followed unless contrary to the interests of justice.
Sentencing Code, section 59(1)
The guideline on reduction in sentence for a guilty plea provides for a 10% reduction unless specific exceptions apply (exception F1 regarding circumstances significantly reducing the defendant's ability to understand the allegations).
Guideline on Reduction in Sentence for a Guilty Plea, exception F1
Outcomes
The appeal was dismissed.
The court found that Judge Huseyin's application of a 10% discount was correct, as Chentouf's plea was made on the first day of trial and did not fall under exception F1 of the guilty plea guideline. Judge Rennie's vague indication did not create a legitimate expectation of a different discount, particularly as sentencing was by a different judge.