Adan, R. v

Adan, R. v

The judge gave insufficient weight to the appellant's age at the time of the offences. The custodial term should have been roughly two-thirds of the adult sentence, and the sentences for the drugs offences were unlawful as imposed. The total custodial term is reduced from 15 years to 13 years, with the drugs sentences substituted under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000.

Parties
Prosecutor: Regina; Appellant: Mohammed Adan
Jurisdiction
England and Wales
Judgment Date
19 February 2020
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Firearms Offences, Youth Offenders, Gang Related Crime, Conspiracy to Supply Drugs
Criminal Law Sentencing Firearms Offences Youth Offenders Gang Related Crime Conspiracy to Supply Drugs

Case Brief

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Parties

Regina

Prosecutor

Mohammed Adan

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the custodial term imposed was manifestly excessive given the appellant's age at the time of the offences
  2. 2 Whether sufficient reduction was made for youth under the Sentencing Council's guidelines
  3. 3 Whether the sentences for the drugs offences were lawfully imposed

Ratio Decidendi

The judge gave insufficient weight to the appellant's age at the time of the offences. The custodial term should have been roughly two-thirds of the adult sentence, and the sentences for the drugs offences were unlawful as imposed. The total custodial term is reduced from 15 years to 13 years, with the drugs sentences substituted under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000.

Court Disposition

appeal allowed in part

Orders

  • Quash the extended determinate sentence of 15 years on count 1 and substitute 13 years' custody with a 3-year extended licence period
  • Quash the sentences of three years' detention in a young offender institution for the drugs offences and substitute three years' detention under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000, concurrent