Khalil, R. v

Khalil, R. v

The sentence of 18 months' imprisonment for simple possession of a small amount of heroin, intended for personal use, was manifestly excessive, especially as the judge erroneously sentenced as if for possession with intent to supply.

Parties
Prosecution: Regina; Appellant: Mohammed Khalil
Jurisdiction
England and Wales
Judgment Date
11 June 2009
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part; sentence on count 2 quashed and substituted
Legal Topics
Sentencing, Possession of Controlled Substances, Appeals
Criminal Law Sentencing Possession of Controlled Substances Appeals

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Regina

Prosecution

Mohammed Khalil

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of 18 months' imprisonment for possession of heroin was manifestly excessive given the small quantity and personal use

Ratio Decidendi

The sentence of 18 months' imprisonment for simple possession of a small amount of heroin, intended for personal use, was manifestly excessive, especially as the judge erroneously sentenced as if for possession with intent to supply.

Court Disposition

appeal allowed in part; sentence on count 2 quashed and substituted

Orders

  • Sentence of 18 months' imprisonment on count 2 quashed
  • Substituted sentence of 9 months' imprisonment on count 2, to run concurrently with count 1