R v Armaan Khan

R v Armaan Khan

The sentencing judge erred in placing undue weight on the quantity of drugs for a street dealing offence, contrary to the guidelines, and the aggravating features justified an uplift but not to the extent imposed. The sentence was manifestly excessive and should be reduced.

Parties
Prosecutor: Rex; Appellant: Armaan Khan
Jurisdiction
England and Wales
Judgment Date
09 March 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed; sentence reduced
Legal Topics
Sentencing, Drug Offences, Appeal Procedure
Criminal Law Sentencing Drug Offences Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Rex

Prosecutor

Armaan Khan

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive
  2. 2 Whether the sentencing judge erred in assessing the seriousness of the offence and aggravating/mitigating factors

Ratio Decidendi

The sentencing judge erred in placing undue weight on the quantity of drugs for a street dealing offence, contrary to the guidelines, and the aggravating features justified an uplift but not to the extent imposed. The sentence was manifestly excessive and should be reduced.

Court Disposition

Appeal allowed; sentence reduced

Orders

  • Original sentence of 6 years 6 months' imprisonment quashed
  • Substituted sentence of 5 years 3 months' imprisonment imposed