The Criminal Cases Review Commission has referred the prison sentence of Amin Kaveh to the Court of Appeal.
Mr Kaveh was convicted at Chelmsford Crown Court in 2016 of one count of conspiracy to supply the class B drug mephedrone and three counts of supplying mephedrone. He was sentenced to ten years’ imprisonment for the conspiracy offence. For the supply offences he was sentenced to a total of one year’s imprisonment, to be served concurrently.
Mr Kaveh tried in 2017 to appeal against his conspiracy sentence but was unsuccessful; he applied to the CCRC in August 2018.
Having reviewed the case in detail, the CCRC has decided to refer Mr Kaveh’s sentence for conspiracy to supply to the Court of Appeal. The referral is made on the basis of new evidence of material non-disclosure that the Commission believes gives rise to a real possibility the Court of Appeal would find the sentence to be manifestly excessive.
Mr Kaveh was not represented in his application to the CCRC.
This press release was issued by Justin Hawkins, Head of Communication, Criminal Cases Review Commission, on 07947 355231 or e-mail firstname.lastname@example.org
Notes for editors
1. The Commission is an independent body set up under the Criminal Appeal Act 1995. It is responsible for independently reviewing suspected and alleged miscarriages of criminal justice in England, Wales and Northern Ireland. It is based in Birmingham and is funded by the Ministry of Justice.
2. There are currently 13 Commissioners who bring to the Commission considerable experience from a wide variety of backgrounds. Commissioners are appointed by the Queen on the recommendation of the Prime Minister in accordance with the Office for the Commissioner for Public Appointments’ Code of Practice.
3. The Commission usually receives around 1,400 applications for reviews (convictions and/or sentences) each year. Since starting work in 1997, the CCRC has referred around 3% of applications to the appeal courts.
4. The Commission considers whether, as a result of new evidence or argument, there is a real possibility that the conviction would not be upheld were a reference to be made. New evidence or argument is argument or evidence which has not been raised during the trial or on appeal. Applicants should usually have appealed first. A case can be referred in the absence of new evidence or argument or an earlier appeal only if there are “exceptional circumstances”.
5. If a case is referred, it is then for the appeal court to decide whether the conviction is unsafe or the sentence unfair.
6. More details about the role and work of the Criminal Cases Review Commission can be found at www.ccrc.gov.uk The Commission can be found on Twitter using @ccrcupdate