Basri, R. v [2020] EWCA Crim 1218 (04 September 2020)

Basri, R. v [2020] EWCA Crim 1218 (04 September 2020)

The original sentence was unduly lenient as it failed to reflect the seriousness of the stalking and perverting the course of justice offences, given the aggravating features and the impact on the victim. The appropriate sentence is two years' imprisonment, comprising 16 months for stalking and 8 months consecutive for perverting the course of justice.

Citation
[2020] EWCA Crim 1218
Parties
Prosecution: Regina; Offender: Osman Basri
Jurisdiction
England and Wales
Judgment Date
04 September 2020
Procedural Posture
Criminal Appeal (attorney General's Reference) / Sentence Review Under S.36 Criminal Justice Act 1988
Outcome
Appeal allowed; sentence increased
Legal Topics
Stalking, Perverting the Course of Justice, Sentencing, Unduly Lenient Sentences
Criminal Law Stalking Perverting the Course of Justice Sentencing Unduly Lenient Sentences

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Parties

Regina

Prosecution

Osman Basri

Offender

Procedural Posture

Criminal Appeal (attorney General's Reference) / Sentence Review Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the original sentence imposed on Osman Basri was unduly lenient
  2. 2 Proper categorisation of harm and culpability for stalking under Sentencing Council guidelines
  3. 3 Appropriate sentence for perverting the course of justice

Ratio Decidendi

The original sentence was unduly lenient as it failed to reflect the seriousness of the stalking and perverting the course of justice offences, given the aggravating features and the impact on the victim. The appropriate sentence is two years' imprisonment, comprising 16 months for stalking and 8 months consecutive for perverting the course of justice.

Court Disposition

Appeal allowed; sentence increased

Orders

  • Sentences below quashed as unduly lenient
  • Substituted sentence: 16 months' imprisonment for stalking (count 2)