Shabab, R v

Shabab, R v

The sentence of twelve months' imprisonment was justified given the appellant's criminal history, the aggravating context of prison supply, and the need for deterrence. The sentencing judge was entitled to impose a higher sentence than the drug guideline range, and the sentence was neither wrong in principle nor manifestly excessive.

Parties
Prosecutor: Regina; Appellant: Mohammed Shabab
Jurisdiction
England and Wales
Judgment Date
14 March 2018
Procedural Posture
Criminal Appeal / Judgment on Sentence Appeal
Outcome
appeal dismissed
Legal Topics
Prison Offences, Sentencing, Prohibited Articles in Prison, Appeal Against Sentence
Criminal Law Prison Offences Sentencing Prohibited Articles in Prison Appeal Against Sentence

Case Brief

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Parties

Regina

Prosecutor

Mohammed Shabab

Appellant

Procedural Posture

Criminal Appeal / Judgment on Sentence Appeal

Legal Issues

  1. 1 Whether the sentence imposed for bringing prohibited articles into prison was manifestly excessive
  2. 2 Whether the sentencing judge erred by not applying the Sentencing Council's Definitive Guideline for Drug Offences

Ratio Decidendi

The sentence of twelve months' imprisonment was justified given the appellant's criminal history, the aggravating context of prison supply, and the need for deterrence. The sentencing judge was entitled to impose a higher sentence than the drug guideline range, and the sentence was neither wrong in principle nor manifestly excessive.

Court Disposition

appeal dismissed

Orders

  • The appeal against sentence is dismissed.