Mohammed, R. v [2023] EWCA Crim 1108 (12 July 2023)

Mohammed, R. v [2023] EWCA Crim 1108 (12 July 2023)

The Recorder erred in treating the appellant's previous convictions as aggravating, given their age and lack of similarity to the current offence, but the scale of the appellant's involvement in a large drug operation justified a sentence at the upper end of the guideline range. The sentence was not manifestly excessive.

Citation
[2023] EWCA Crim 1108
Parties
Prosecution: Rex; Appellant: Abdullah Mohammed
Jurisdiction
England and Wales
Judgment Date
12 July 2023
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Sentencing, Drug Offences, Aggravating and Mitigating Factors
Criminal Law Sentencing Drug Offences Aggravating and Mitigating Factors

Case Brief

Summary, issues, holding and outcome

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Parties

Rex

Prosecution

Abdullah Mohammed

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the Recorder erred in treating previous convictions as an aggravating feature in sentencing for drug offences
  2. 2 Whether the sentence of 4 years' imprisonment was manifestly excessive

Ratio Decidendi

The Recorder erred in treating the appellant's previous convictions as aggravating, given their age and lack of similarity to the current offence, but the scale of the appellant's involvement in a large drug operation justified a sentence at the upper end of the guideline range. The sentence was not manifestly excessive.

Court Disposition

appeal dismissed

Orders

  • Sentence of 4 years' imprisonment upheld