Akbar, R. v [2025] EWCA Crim 461 (27 March 2025)

Akbar, R. v [2025] EWCA Crim 461 (27 March 2025)

The sentence imposed, though lenient, was not unduly lenient so as to require intervention, nor was it manifestly excessive. The judge's approach to categorisation, mitigation, and reduction for guilty plea was within the range of reasonable decisions, even if the reductions were generous. The applicable guideline and statutory maximum were correctly applied.

Citation
[2025] EWCA Crim 461
Parties
Prosecution: Rex; Offender/applicant: Zia Akbar
Jurisdiction
England and Wales
Judgment Date
27 March 2025
Procedural Posture
Criminal Appeal and Attorney General's Reference / Court of Appeal Judgment on Sentence
Outcome
Attorney General's Reference dismissed; Offender's appeal against sentence dismissed
Legal Topics
Causing Death by Dangerous Driving, Sentencing Guidelines, Attorney General's Reference, Newton Hearing, Reduction for Guilty Plea
Criminal Law Sentencing Causing Death by Dangerous Driving Sentencing Guidelines Attorney General's Reference Newton Hearing Reduction for Guilty Plea

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Parties

Rex

Prosecution

Zia Akbar

Offender/applicant

Procedural Posture

Criminal Appeal and Attorney General's Reference / Court of Appeal Judgment on Sentence

Legal Issues

  1. 1 Whether the sentence imposed for causing death by dangerous driving was manifestly excessive or unduly lenient
  2. 2 Proper application of sentencing guidelines for causing death by dangerous driving
  3. 3 Appropriate reduction for guilty plea after Newton hearing

Ratio Decidendi

The sentence imposed, though lenient, was not unduly lenient so as to require intervention, nor was it manifestly excessive. The judge's approach to categorisation, mitigation, and reduction for guilty plea was within the range of reasonable decisions, even if the reductions were generous. The applicable guideline and statutory maximum were correctly applied.

Court Disposition

Attorney General's Reference dismissed; Offender's appeal against sentence dismissed

Orders

  • Leave granted to Attorney General to refer sentence
  • Reference dismissed