R v Raqab Mohammed

R v Raqab Mohammed

The appellant's youth, immaturity, and vulnerability warranted a lower starting point for sentence. The correct starting point after trial should have been 3 years' custody, reduced to 2 years and 3 months for the guilty plea. The original sentence was manifestly excessive.

Parties
Prosecutor: Rex; Appellant: Raqab Mohammed
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Drug Offences, Appeal Procedure
Criminal Law Sentencing Drug Offences Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Rex

Prosecutor

Raqab Mohammed

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge properly categorised the appellant's role for sentencing purposes
  2. 2 Whether the sentence was manifestly excessive given the appellant's vulnerability, age, and mitigation

Ratio Decidendi

The appellant's youth, immaturity, and vulnerability warranted a lower starting point for sentence. The correct starting point after trial should have been 3 years' custody, reduced to 2 years and 3 months for the guilty plea. The original sentence was manifestly excessive.

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