Urfan & Ors, R. v [2025] EWCA Crim 372 (13 March 2025)

Urfan & Ors, R. v [2025] EWCA Crim 372 (13 March 2025)

The sentences imposed were not manifestly excessive, and the sentence on Sharif was not unduly lenient. The trial judge correctly applied the sentencing framework, avoided impermissible double counting, and gave appropriate weight to aggravating and mitigating factors. A whole life order was not justified as the case did not fall within the identified categories and, despite its gravity, did not meet the exceptionally high threshold required.

Citation
[2025] EWCA Crim 372
Parties
Prosecution: Rex; Applicant/offender: Urfan Sharif; Applicant/offender: Beinash Batool; Applicant/offender: Faisal Malik; Referrer: Attorney General/Crown
Jurisdiction
England and Wales
Judgment Date
13 March 2025
Procedural Posture
Criminal Appeal and Attorney General's Reference / Court of Appeal Judgment on Applications for Leave to Appeal Against Sentence and Attorney General's Reference Under Section 36 of the Criminal Justice Act 1988
Outcome
Applications for leave to appeal against sentence by Sharif, Batool, and Malik refused; Attorney General's Reference granted leave but dismissed.
Legal Topics
Murder, Causing or Allowing the Death of a Child, Sentencing Appeals, Whole Life Orders, Minimum Term Orders, Aggravating and Mitigating Factors
Criminal Law Sentencing Murder Causing or Allowing the Death of a Child Sentencing Appeals Whole Life Orders Minimum Term Orders Aggravating and Mitigating Factors

Case Brief

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Parties

Rex

Prosecution

Urfan Sharif

Applicant/offender

Beinash Batool

Applicant/offender

Faisal Malik

Applicant/offender

Attorney General/Crown

Referrer

Procedural Posture

Criminal Appeal and Attorney General's Reference / Court of Appeal Judgment on Applications for Leave to Appeal Against Sentence and Attorney General's Reference Under Section 36 of the Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentences imposed on Urfan Sharif, Beinash Batool, and Faisal Malik were manifestly excessive
  2. 2 Whether the sentence imposed on Urfan Sharif was unduly lenient and should have been a whole life order

Ratio Decidendi

The sentences imposed were not manifestly excessive, and the sentence on Sharif was not unduly lenient. The trial judge correctly applied the sentencing framework, avoided impermissible double counting, and gave appropriate weight to aggravating and mitigating factors. A whole life order was not justified as the case did not fall within the identified categories and, despite its gravity, did not meet the exceptionally high threshold required.

Court Disposition

Applications for leave to appeal against sentence by Sharif, Batool, and Malik refused; Attorney General's Reference granted leave but dismissed.

Orders

  • Leave to appeal against sentence refused for Urfan Sharif, Beinash Batool, and Faisal Malik.
  • Leave granted to the Solicitor General to refer Sharif's sentence, but Reference dismissed.