Bashir, R. v [2026] EWCA Crim 272 (16 January 2026)

Bashir, R. v [2026] EWCA Crim 272 (16 January 2026)

The Recorder erred in principle by reducing the custodial term below the guideline range due to mitigation and by factoring in qualifying curfew time before determining the appropriate sentence. The appropriate sentence, considering all circumstances, was not less than four years' imprisonment, which could not be suspended. The sentence was therefore unduly lenient and substituted with immediate custody.

Citation
[2026] EWCA Crim 272
Parties
Prosecution: Rex; Offender: Yasir Bashir
Jurisdiction
England and Wales
Judgment Date
16 January 2026
Procedural Posture
Criminal Appeal / Attorney General's Reference Under Section 36 of the Criminal Justice Act 1988; Appeal Against Sentence
Outcome
Appeal allowed; sentence quashed and substituted
Legal Topics
Sentencing, Unduly Lenient Sentences, Wounding With Intent, Affray, Suspended Sentences, Mitigation, Youth Offenders
Criminal Law Sentencing Unduly Lenient Sentences Wounding With Intent Affray Suspended Sentences Mitigation Youth Offenders

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Parties

Rex

Prosecution

Yasir Bashir

Offender

Procedural Posture

Criminal Appeal / Attorney General's Reference Under Section 36 of the Criminal Justice Act 1988; Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed for wounding with intent and affray was unduly lenient
  2. 2 Whether the Recorder erred in reducing the custodial term below the guideline range due to mitigation
  3. 3 Whether time spent on qualifying curfew was incorrectly factored into the determination of sentence length

Ratio Decidendi

The Recorder erred in principle by reducing the custodial term below the guideline range due to mitigation and by factoring in qualifying curfew time before determining the appropriate sentence. The appropriate sentence, considering all circumstances, was not less than four years' imprisonment, which could not be suspended. The sentence was therefore unduly lenient and substituted with immediate custody.

Court Disposition

Appeal allowed; sentence quashed and substituted

Orders

  • Sentence of two years' imprisonment suspended for two years on count 1 quashed and replaced with three years and six months' imprisonment
  • Sentence of 21 months' imprisonment suspended for two years on count 3 quashed and replaced with two years' imprisonment, concurrent