Conteh & Anor, R. v

Conteh & Anor, R. v

Conteh's appeal was dismissed because the aggravating factors, including exploitation of children and sustained, organised criminal activity, outweighed mitigation and justified the sentence. Hamand's appeal was allowed because the judge erred by sentencing her on facts outside her accepted basis of plea; her role was limited and under direction, warranting a reduced sentence.

Parties
Prosecutor: Regina; Applicant: Jamal Conteh; Appellant: Cheryl Hamand
Jurisdiction
England and Wales
Judgment Date
28 April 2021
Procedural Posture
Criminal Appeal / Judgment
Outcome
Conteh's renewed application for leave to appeal dismissed; Hamand's appeal allowed in part
Legal Topics
Drug Offences, Sentencing, Appeal, County Lines, Exploitation of Children
Criminal Law Drug Offences Sentencing Appeal County Lines Exploitation of Children

Case Brief

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Parties

Regina

Prosecutor

Jamal Conteh

Applicant

Cheryl Hamand

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the sentencing for Jamal Conteh was excessive and failed to consider mitigating factors
  2. 2 Whether the sentencing for Cheryl Hamand was based on facts outside her accepted basis of plea and was manifestly excessive

Ratio Decidendi

Conteh's appeal was dismissed because the aggravating factors, including exploitation of children and sustained, organised criminal activity, outweighed mitigation and justified the sentence. Hamand's appeal was allowed because the judge erred by sentencing her on facts outside her accepted basis of plea; her role was limited and under direction, warranting a reduced sentence.

Court Disposition

Conteh's renewed application for leave to appeal dismissed; Hamand's appeal allowed in part

Orders

  • Conteh's sentence of 12 years' imprisonment upheld
  • Hamand's sentence reduced to 20 months' imprisonment on each count, to run concurrently