Hussain & Anor, R. v [2024] EWCA Crim 1392 (05 November 2024)

Hussain & Anor, R. v [2024] EWCA Crim 1392 (05 November 2024)

Although the sentencing judge applied the wrong guideline for Pandor, the balance of aggravating and mitigating factors would have resulted in a similar sentence even under the correct guideline, and the sentence was not unduly lenient. For Hussain, the judge's approach to parity and assessment of harm and aggravation was within the reasonable range, and the sentence was not unduly lenient.

Citation
[2024] EWCA Crim 1392
Parties
Prosecution: Rex; Respondent/offender: Amjad Hussain; Respondent/offender: Ebrahim Pandor
Jurisdiction
England and Wales
Judgment Date
05 November 2024
Procedural Posture
Criminal Appeal Reference by Attorney General Under S.36 Criminal Justice Act 1988 / Appeal Against Sentence; Application for Leave to Refer Sentences as Unduly Lenient
Outcome
Leave to refer sentence granted for Pandor but reference dismissed; leave to refer sentence refused for Hussain.
Legal Topics
Sentencing, Sexual Offences, Human Trafficking, Modern Slavery, Appeal Procedure
Criminal Law Sentencing Sexual Offences Human Trafficking Modern Slavery Appeal Procedure

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Parties

Rex

Prosecution

Amjad Hussain

Respondent/offender

Ebrahim Pandor

Respondent/offender

Procedural Posture

Criminal Appeal Reference by Attorney General Under S.36 Criminal Justice Act 1988 / Appeal Against Sentence; Application for Leave to Refer Sentences as Unduly Lenient

Legal Issues

  1. 1 Whether the sentences imposed on Amjad Hussain and Ebrahim Pandor were unduly lenient
  2. 2 Whether the correct sentencing guidelines were applied for historical offences
  3. 3 Appropriate adjustment for aggravating and mitigating factors in sentencing

Ratio Decidendi

Although the sentencing judge applied the wrong guideline for Pandor, the balance of aggravating and mitigating factors would have resulted in a similar sentence even under the correct guideline, and the sentence was not unduly lenient. For Hussain, the judge's approach to parity and assessment of harm and aggravation was within the reasonable range, and the sentence was not unduly lenient.

Court Disposition

Leave to refer sentence granted for Pandor but reference dismissed; leave to refer sentence refused for Hussain.

Orders

  • No interference with the sentence of Ebrahim Pandor; reference dismissed.
  • Leave to refer sentence of Amjad Hussain refused.