Abdallah & Ors, R. v (Rev 1)

Abdallah & Ors, R. v (Rev 1)

The court upheld the guidance in R v Kahar & Ors for sentencing terrorism offences, confirmed that 'members of the public' in s.226A(1)(b) CJA 2003 includes persons outside the UK, and found the trial judges' assessments of dangerousness and sentencing levels were justified based on evidence of intent, preparation, and extremist commitment. Life sentence for Junead Khan quashed and replaced with extended sentence due to insufficient evidence of proximity to commission of murder.

Parties
Respondent: Regina; Applicant: Abdalraouf Abdallah; Applicant: Stephen Gray; Applicant: Junead Khan; Applicant: Shazib Khan; Applicant: Ayman Shaukat; Applicant: Lorna Moore; Applicant: HM Attorney General
Jurisdiction
England and Wales
Judgment Date
08 December 2016
Procedural Posture
Criminal Appeal / Judgment on Sentence Appeals and Attorney General Reference
Outcome
Applications for leave to appeal refused except for Junead Khan; life sentence quashed and replaced with extended sentence.
Legal Topics
Sentencing, Dangerousness, Statutory Interpretation, Preparation of Terrorist Acts, Failure to Disclose Information, Extended Sentences
Criminal Law Terrorism Sentencing Dangerousness Statutory Interpretation Preparation of Terrorist Acts Failure to Disclose Information Extended Sentences

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Parties

Regina

Respondent

Abdalraouf Abdallah

Applicant

Stephen Gray

Applicant

Junead Khan

Applicant

Shazib Khan

Applicant

Ayman Shaukat

Applicant

Lorna Moore

Applicant

HM Attorney General

Applicant

Procedural Posture

Criminal Appeal / Judgment on Sentence Appeals and Attorney General Reference

Legal Issues

  1. 1 Appropriate sentencing levels for terrorism offences under s.5 Terrorism Act 2006
  2. 2 Interpretation of 'members of the public' in s.226A(1)(b) Criminal Justice Act 2003
  3. 3 Dangerousness and extended sentences

Ratio Decidendi

The court upheld the guidance in R v Kahar & Ors for sentencing terrorism offences, confirmed that 'members of the public' in s.226A(1)(b) CJA 2003 includes persons outside the UK, and found the trial judges' assessments of dangerousness and sentencing levels were justified based on evidence of intent, preparation, and extremist commitment. Life sentence for Junead Khan quashed and replaced with extended sentence due to insufficient evidence of proximity to commission of murder.

Court Disposition

Applications for leave to appeal refused except for Junead Khan; life sentence quashed and replaced with extended sentence.

Orders

  • Junead Khan's life sentence quashed; substituted with extended sentence of 20 years custodial term and 5 years extension period.
  • Applications for leave to appeal by Abdallah, Gray, Shazib Khan, Shaukat, and Moore refused.