Khan, R. v [2024] EWCA Crim 809 (02 July 2024)

Khan, R. v [2024] EWCA Crim 809 (02 July 2024)

The sentencing judge erred in elevating the starting point based on drug quantity for a street dealing offence, contrary to the Drugs Guidelines. Aggravating factors justified uplift from the starting point, but the overall sentence was manifestly excessive. The appropriate sentence, after considering aggravation and limited mitigation, was 5 years 3 months' imprisonment.

Citation
[2024] EWCA Crim 809
Parties
Prosecution: Rex; Appellant: Armaan Khan
Jurisdiction
England and Wales
Judgment Date
02 July 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part; sentence reduced
Legal Topics
Sentencing, Drug Offences, Appeal Against Sentence, Aggravating and Mitigating Factors
Criminal Law Sentencing Drug Offences Appeal Against Sentence Aggravating and Mitigating Factors

Case Brief

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Parties

Rex

Prosecution

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 placing the offence at the upper end of the sentencing range based on drug quantity
  3. 3 Whether sufficient account was taken of aggravating and mitigating factors

Ratio Decidendi

The sentencing judge erred in elevating the starting point based on drug quantity for a street dealing offence, contrary to the Drugs Guidelines. Aggravating factors justified uplift from the starting point, but the overall sentence was manifestly excessive. The appropriate sentence, after considering aggravation and limited mitigation, was 5 years 3 months' imprisonment.

Court Disposition

appeal allowed in part; sentence reduced

Orders

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