Aurangzab, R. v [2021] EWCA Crim 1132 (13 July 2021)

Aurangzab, R. v [2021] EWCA Crim 1132 (13 July 2021)

The original sentence of 3 years' imprisonment for attempted grievous bodily harm was unduly lenient given the seriousness, premeditation, use of a vehicle as a weapon, risk to others, and efforts to destroy evidence. The minimum appropriate sentence was 5 years' imprisonment, reflecting the gravity of the offence even after accounting for mitigation and the fact it was an attempt.

Citation
[2021] EWCA Crim 1132
Parties
Prosecution: Regina; Respondent/offender: Akeel Aurangzab
Jurisdiction
England and Wales
Judgment Date
13 July 2021
Procedural Posture
Criminal Reference (unduly Lenient Sentence) / Court of Appeal Judgment on Attorney General's Reference Under S.36 Criminal Justice Act 1988
Outcome
Appeal allowed; sentence increased
Legal Topics
Sentencing, Assault Occasioning Actual Bodily Harm, Dangerous Driving, Attempted Grievous Bodily Harm, Unduly Lenient Sentence, Attorney General's Reference
Criminal Law Sentencing Assault Occasioning Actual Bodily Harm Dangerous Driving Attempted Grievous Bodily Harm Unduly Lenient Sentence Attorney General's Reference

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Parties

Regina

Prosecution

Akeel Aurangzab

Respondent/offender

Procedural Posture

Criminal Reference (unduly Lenient Sentence) / Court of Appeal Judgment on Attorney General's Reference Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentence imposed for attempted grievous bodily harm was unduly lenient
  2. 2 Proper application of sentencing guidelines for attempted offences
  3. 3 Appropriate period of driving disqualification following conviction

Ratio Decidendi

The original sentence of 3 years' imprisonment for attempted grievous bodily harm was unduly lenient given the seriousness, premeditation, use of a vehicle as a weapon, risk to others, and efforts to destroy evidence. The minimum appropriate sentence was 5 years' imprisonment, reflecting the gravity of the offence even after accounting for mitigation and the fact it was an attempt.

Court Disposition

Appeal allowed; sentence increased

Orders

  • Permission granted to make the Reference
  • Sentence of 3 years on count 1 quashed and substituted with 5 years' imprisonment