Miah, R. v

Miah, R. v

The evidence of the victim's post-event reaction was admissible in this case due to the concrete basis provided by the defence's assertion of a staged kidnapping, making it relevant and helpful to the jury. The sentences imposed were reduced to reflect the absence of physical violence and the respective roles and antecedents of the appellants.

Parties
Appellant: Abdal Miah; Appellant: Liban Habib Mohammed; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
09 April 2014
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
appeals against conviction dismissed; appeals against sentence allowed in part
Legal Topics
Kidnapping, Blackmail, Evidence Admissibility, Sentencing, Public Nuisance

Case Brief

Summary, issues, holding and outcome

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Parties

Abdal Miah

Appellant

Liban Habib Mohammed

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

  1. 1 admissibility of evidence regarding victim's post-event reaction
  2. 2 safety of conviction
  3. 3 appropriateness of sentences imposed

Ratio Decidendi

The evidence of the victim's post-event reaction was admissible in this case due to the concrete basis provided by the defence's assertion of a staged kidnapping, making it relevant and helpful to the jury. The sentences imposed were reduced to reflect the absence of physical violence and the respective roles and antecedents of the appellants.

Court Disposition

appeals against conviction dismissed; appeals against sentence allowed in part

Orders

  • sentence for kidnapping reduced from 15 years to 12 years for Abdal Miah
  • sentence for blackmail reduced from 11 years to 9 years for Abdal Miah