Farooqi & Ors, R. v

Farooqi & Ors, R. v

Notwithstanding the serious misconduct and incompetence of Farooqi's trial counsel, the trial judge's directions and summing up were fair, comprehensive, and remedied any prejudice. The convictions were safe, the Watson direction was appropriate, and there was no evidence that Farooqi's decision not to give evidence was uninformed or the result of incompetent advice. The sentences imposed were justified and not manifestly excessive.

Parties
Prosecution: Regina; Appellant/defendant: Munir Ahmed Farooqi; Appellant/defendant: Matthew Newton; Appellant/defendant: Israr Hussain Malik; Defendant (acquitted): Harris Farooqi; Intervener: Bar Council
Jurisdiction
England and Wales
Judgment Date
30 September 2013
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
Appeals against conviction and sentence dismissed/refused
Legal Topics
Terrorism, Entrapment, Soliciting to Murder, Dissemination of Terrorist Publications, Ineffective Assistance of Counsel, Fair Trial, Judicial Directions, Sentencing, Jury Directions
Criminal Law Professional Conduct Terrorism Entrapment Soliciting to Murder Dissemination of Terrorist Publications Ineffective Assistance of Counsel Fair Trial +3 more

Case Brief

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Parties

Regina

Prosecution

Munir Ahmed Farooqi

Appellant/defendant

Matthew Newton

Appellant/defendant

Israr Hussain Malik

Appellant/defendant

Harris Farooqi

Defendant (acquitted)

Bar Council

Intervener

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the convictions of the appellants are unsafe due to the misconduct and incompetence of trial counsel for Farooqi
  2. 2 Whether the trial judge's directions and summing up remedied any unfairness caused by counsel's conduct
  3. 3 Whether the failure of Farooqi to give evidence was a result of incompetent advice

Ratio Decidendi

Notwithstanding the serious misconduct and incompetence of Farooqi's trial counsel, the trial judge's directions and summing up were fair, comprehensive, and remedied any prejudice. The convictions were safe, the Watson direction was appropriate, and there was no evidence that Farooqi's decision not to give evidence was uninformed or the result of incompetent advice. The sentences imposed were justified and not manifestly excessive.

Court Disposition

Appeals against conviction and sentence dismissed/refused

Orders

  • Convictions of Munir Ahmed Farooqi, Matthew Newton, and Israr Hussain Malik upheld
  • Applications for leave to appeal sentence by Farooqi and Malik refused