Khan, R v, Court of Appeal - Criminal Division, September 12, 2018, [2018] EWCA Crim 2221

Resolution Date:September 12, 2018
Issuing Organization:Criminal Division
Actores:Khan, R v
 
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Case No: 201802303/A4

Neutral Citation Number: [2018] EWCA Crim 2221

IN THE COURT OF APPEAL (CRIMINAL DIVISION)

ON APPEAL FROM CROWN COURT AT LUTON

HHJ N LITHMAN QC

T20170406

Royal Courts of Justice

Strand, London, WC2A 2LL

Date: 12/09/2018

Before:

LORD JUSTICE LEGGATT

MR JUSTICE LEWIS

and

MRS JUSTICE CARR DBE

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Between:

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Mr G James appeared on behalf of the Appellant

Hearing date: 12 September 2018

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JudgmentLORD JUSTICE LEGGATT:

  1. The appellant, Shahraz Khan, was convicted after a trial at Luton Crown Court of possessing with intent to supply 15 kilograms of cocaine, a class A drug. On 16 May 2018 he was sentenced for that offence to 16 years' imprisonment. He appeals against his sentence with leave of the single judge.

  2. Before his arrest the appellant had been under police surveillance. He owns and runs a fast food take-away shop. On the day of his arrest he was observed leaving his shop and going to collect a bag which he brought back to his shop and put in a back room. Later, he left his shop carrying a smaller bag and was stopped by the police. The bag was searched and found to contain two blocks of cocaine wrapped in foil, each weighing approximately one kilogram. On a search of the shop premises the larger bag was found which contained 13 more one kilogram blocks of cocaine. The police also found five small wraps of cocaine which the appellant claimed was for his personal use. At his home the police found, in a jacket pocket, electronic scales with small plastic bags, a small roll of clingfilm and cash. A hunting knife was found in the appellant's van.

  3. The appellant's defence at trial was that he was asked to look after the bags which contained the wrapped blocks of cocaine by someone, but did not know that they contained drugs. The jury rejected that defence and he was convicted.

  4. The judge in sentencing the appellant was required to following the Definitive Guideline for Drugs Offences issued by the Sentencing Council. There was no doubt that within the guideline the offence fell in Category 1, the highest category of harm assessed by reference to the quantity of the drug concerned. The indicative quantity of cocaine required to bring a case within Category 1 is five kilograms. In this case the quantity involved was 15 kilograms, that is three times the...

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