R v Mokter Hossain

This case involved Mokter Hossain's appeal against a ten years six months' imprisonment sentence for conspiracy to facilitate illegal immigration.

TLDR:

• Mokter Hossain pleaded guilty to conspiracy to facilitate illegal immigration.
• He was sentenced to ten years six months' imprisonment.
• Hossain appealed against the sentence, claiming it was manifestly excessive.
• The Court of Appeal upheld the original sentence.

On 21 December 2021, Mokter Hossain pleaded guilty to one count of conspiracy to facilitate illegal immigration at the Crown Court at Snaresbrook. He was sentenced to ten years six months' imprisonment on 23 June 2023 by HHJ Canavan.

The case was brought to the Court of Appeal after Hossain's application for leave to appeal against his sentence was refused by a single judge. Hossain's operation involved smuggling individuals into and out of the UK concealed in lorries over a period of almost three and a half years, involving at least 20 separate events and 129 migrants.

Hossain's co-accused, Noor Ullah, had also pleaded guilty to the same charge and was sentenced to two years five months' imprisonment. However, Ullah's role was limited to a single event over a few days, and he acted under Hossain's direction.

At Hossain's sentencing, HHJ Canavan emphasized the scale, duration, and professional nature of the conspiracy. The judge noted that Hossain was at the top of the operation, making substantial financial gains from the smuggling activities.

Hossain's appeal argued that the sentence was excessive, citing the disparity with Ullah's sentence and the guidance from R v Ali [2018] EWCA Crim 405. The Court of Appeal, however, found no merit in these arguments, noting the factual distinctions and the increased focus on deterrence in recent years due to the escalation of human smuggling operations.

The Court of Appeal upheld the original sentence, concluding that the judge's starting point of 12 years' imprisonment was appropriate given the scale and duration of the conspiracy. The court also noted that the sentencing climate had changed since the Ali case, with a greater emphasis on deterrence.

For these reasons, the Court of Appeal refused Hossain's renewed application for leave to appeal against his sentence.

Legal representatives: No counsel listed for the applicant.

Judicial Panel: Lord Justice Edis, Mr Justice Murray, His Honour Judge Dennis Watson KC

Case Citation Reference: [2024] EWCA Crim 602