R v Jahangir Khan

When a sentence is reduced for a guilty plea, the stated percentage must be calculated accurately against the sentence before credit. A 15 per cent reduction from 48 months is 7.2 months, not a reduction resulting in 46 months. The Court of Appeal may correct that arithmetic error and substitute an appropriate sentence. Other sentencing assessments, including offence categorisation, aggravating and mitigating factors, and totality, remain matters for the sentencing judge’s discretion. An appeal court will interfere on those grounds only where the sentence falls outside that discretion or is otherwise unjust. The seriousness of supplying highly toxic drugs to teenagers, exposing them to serious harm, may substantially aggravate the offence even where the offender was unaware of their age.

The appellant pleaded guilty in the Crown Court at Snaresbrook to supplying a controlled Class A drug, possessing a controlled Class A drug, and possessing Class C drugs. The supply involved providing drugs to two 17-year-olds in exchange for sexual services. The drugs caused both teenagers to become critically ill.

The sentencing judge assessed the Class A offending as involving a significant operational role, imposed a sentence of 48 months after considering the applicable guideline factors and totality, and purported to allow 15 per cent credit for the guilty plea by reducing the sentence to 46 months. The appellant challenged the categorisation, starting point, guilty-plea credit, mitigation and totality.

1. Appeal allowed. The sentence was reduced from 46 months’ imprisonment to 40 months.
2. The sentencing judge’s calculation of guilty-plea credit was wrong. A 15 per cent reduction from 48 months is 7.2 months. The Court therefore corrected the error and, giving the appellant the benefit of the doubt, substituted a sentence of 40 months.
3. The remaining sentencing findings fell within the judge’s discretion. The judge was entitled to categorise the offending as involving a significant operational role, notwithstanding that only 15 tablets were supplied. The appellant held substantial quantities of Class A and Class C drugs and had an operational role in the chain of supply.
4. The fact that two teenagers were effectively poisoned by the supply of seriously toxic drugs was a substantial aggravating factor. That conclusion was not displaced by the appellant’s accepted lack of awareness that they were under 18.
5. Having regard to the relevant considerations and totality, a sentence of 40 months’ imprisonment was appropriate.

• Court of Appeal (Criminal Division): The appeal against sentence was allowed and the sentence imposed by the Crown Court at Snaresbrook was reduced from 46 months’ imprisonment to 40 months.
• Crown Court at Snaresbrook: Following the guilty pleas, the appellant was sentenced to a total of 46 months’ imprisonment.