Hamid, R. v [2022] EWCA Crim 1044 (13 July 2022)

Hamid, R. v [2022] EWCA Crim 1044 (13 July 2022)

The judge erred in directing the 2022 drug sentences to run concurrently with the 2021 sentences, resulting in no meaningful additional penalty for serious drug offences. The principle of totality required a consecutive sentence, adjusted to ensure the overall custodial period was just and proportionate to all offending.

Citation
[2022] EWCA Crim 1044
Parties
Prosecutor: Regina; Offender: Umar Abdullah Hamid
Jurisdiction
England and Wales
Judgment Date
13 July 2022
Procedural Posture
Criminal Reference (unduly Lenient Sentence) / Court of Appeal Judgment
Outcome
Reference allowed; 2022 sentences quashed and replaced.
Legal Topics
Sentencing, Totality Principle, Consecutive Sentences, Drug Offences, Unduly Lenient Sentences
Criminal Law Sentencing Totality Principle Consecutive Sentences Drug Offences Unduly Lenient Sentences

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Regina

Prosecutor

Umar Abdullah Hamid

Offender

Procedural Posture

Criminal Reference (unduly Lenient Sentence) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the sentencing judge erred by directing the 2022 drug sentences to run concurrently with, rather than consecutively to, the 2021 sentences for unrelated violent and sexual offences
  2. 2 Whether the resulting sentence was unduly lenient

Ratio Decidendi

The judge erred in directing the 2022 drug sentences to run concurrently with the 2021 sentences, resulting in no meaningful additional penalty for serious drug offences. The principle of totality required a consecutive sentence, adjusted to ensure the overall custodial period was just and proportionate to all offending.

Court Disposition

Reference allowed; 2022 sentences quashed and replaced.

Orders

  • Sentences imposed in 2022 quashed.
  • Replaced by six years' imprisonment on counts 1 and 2, five years on count 3, all concurrent with each other but consecutive to the 2021 sentences.