Mohammed, R. v [2023] EWCA Crim 1325 (31 October 2023)

Mohammed, R. v [2023] EWCA Crim 1325 (31 October 2023)

The appellant's youth, immaturity, and vulnerability warranted categorisation on the cusp of significant and lesser role, justifying a lower starting point for sentence than that adopted by the Recorder. The appropriate sentence after guilty plea is 2 years and 3 months' imprisonment.

Citation
[2023] EWCA Crim 1325
Parties
Prosecution: Rex; Appellant: Raqab Mohammed
Jurisdiction
England and Wales
Judgment Date
31 October 2023
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Possession With Intent to Supply, Controlled Drugs, Mitigation, Youth and Maturity in Sentencing
Criminal Law Sentencing Possession With Intent to Supply Controlled Drugs Mitigation Youth and Maturity in Sentencing

Case Brief

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Parties

Rex

Prosecution

Raqab Mohammed

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the Recorder erred in categorising the appellant's role as significant rather than lesser in drug offences
  2. 2 Whether the sentence imposed was manifestly excessive given the appellant's vulnerability, youth, and mitigating circumstances

Ratio Decidendi

The appellant's youth, immaturity, and vulnerability warranted categorisation on the cusp of significant and lesser role, justifying a lower starting point for sentence than that adopted by the Recorder. The appropriate sentence after guilty plea is 2 years and 3 months' imprisonment.

Court Disposition

appeal allowed in part

Orders

  • Sentence on count 1 quashed and substituted with 2 years and 3 months' imprisonment
  • Sentence on count 2 remains concurrent