Iqbal, R. v [2022] EWCA Crim 1156 (27 July 2022)

Iqbal, R. v [2022] EWCA Crim 1156 (27 July 2022)

A 50% reduction for the inchoate nature of the offence was manifestly excessive given the seriousness, sophistication, and persistence of the attempt, and the fact that the offence was only prevented by law enforcement intervention; a reduction of no more than one-sixth was warranted.

Citation
[2022] EWCA Crim 1156
Parties
Prosecution: Regina; Offender: Haroon Iqbal
Jurisdiction
England and Wales
Judgment Date
27 July 2022
Procedural Posture
Criminal Appeal Reference by Attorney General (unduly Lenient Sentence) / Court of Appeal Judgment on Reference Under S.36 Criminal Justice Act 1988
Outcome
Reference allowed; original sentence quashed and substituted with increased sentence.
Legal Topics
Sentencing, Firearms Offences, Unduly Lenient Sentences, Attempted Offences
Criminal Law Sentencing Firearms Offences Unduly Lenient Sentences Attempted Offences

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Parties

Regina

Prosecution

Haroon Iqbal

Offender

Procedural Posture

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

Legal Issues

  1. 1 Whether the sentence imposed for attempted possession of a prohibited firearm was unduly lenient
  2. 2 Appropriate reduction for inchoate (attempted) offences in sentencing

Ratio Decidendi

A 50% reduction for the inchoate nature of the offence was manifestly excessive given the seriousness, sophistication, and persistence of the attempt, and the fact that the offence was only prevented by law enforcement intervention; a reduction of no more than one-sixth was warranted.

Court Disposition

Reference allowed; original sentence quashed and substituted with increased sentence.

Orders

  • Sentence of two years and three months' imprisonment quashed.
  • Substituted with sentence of three years and nine months' imprisonment.