Court of Appeal success for Zayd Ahmed after Court refuses Attorney Generals reference to increase sentence in drug trafficking case.

Zayd Ahmed has successfully resisted an application by the Attorney General to increase the sentence of the respondent following an appeal in the Court of Appeal.

The Attorney General’s Office argued that the sentence originally imposed was “unduly lenient” due to the quantity of drugs involved, specifically 7 kilograms of cocaine,  and the sentence imposed of 4 years being “too low”.

However, after careful consideration, the Court of Appeal rejected the application and accepted the arguments made by Zayd, concluding that the sentence handed down by the trial judge was appropriate given the circumstances of the case.

In delivering its decision, the Court of Appeal distinguished between a drug courier and a drug mule, finding that the respondent fell into the latter category. The Court agreed with Zayd’s submissions that the starting point was at the lower end of the sentencing range.

The appeal also helpfully sets out the factors for the lower courts to consider when determining whether a defendant is a drug mule.

The Court confirmed that “the sentence remains undisturbed.”