Miah, R v [2017] EWCA Crim 968 (05 July 2017)

Miah, R v [2017] EWCA Crim 968 (05 July 2017)

The applicant was not entitled to full credit for his guilty plea as he did not plead at the first reasonable opportunity; the judge's methodology for estimating drug quantity was fair; the ramming of the police car was a significant aggravating feature justifying an increased sentence.

Source-derived case information.

Citation
[2017] EWCA Crim 968
Parties
Prosecution: Regina; Applicant: Kurush Miah
Jurisdiction
England and Wales
Judgment Date
05 July 2017
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Sentence
Outcome
application refused
Legal Topics
Sentencing, Conspiracy to Supply Controlled Drugs, Credit for Guilty Plea, Aggravating Features
Criminal Law Sentencing Conspiracy to Supply Controlled Drugs Credit for Guilty Plea Aggravating Features

Source-derived case record

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Kurush Miah

Applicant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Sentence

Legal Issues

  1. 1 Whether the applicant was entitled to full credit for guilty plea
  2. 2 Whether the judge's methodology for estimating drug quantity was accurate
  3. 3 Whether undue weight was given to the ramming of the police car as an aggravating feature

Ratio Decidendi

The applicant was not entitled to full credit for his guilty plea as he did not plead at the first reasonable opportunity; the judge's methodology for estimating drug quantity was fair; the ramming of the police car was a significant aggravating feature justifying an increased sentence.

Court Disposition

application refused

Orders

  • 28 days of time spent in custody not to count towards total sentence