Sherif & Ors, R v

Sherif & Ors, R v

The jury was properly directed on knowledge and belief; confessions were reliable and properly admitted; consecutive and maximum sentences were justified given the gravity of the offences; offers of accommodation by telephone constitute an 'act' under assisting an offender; house arrest periods warrant modest credit but do not equate to custody.

Parties
Prosecution: R; Applicant: Abdul Sherif; Applicant: Siraj Ali; Applicant: Muhedin Ali; Applicant: Wahbi Mohamed; Applicant: Ismail Abdurahman; Applicant: Fardosa Abdullahi
Jurisdiction
England and Wales
Judgment Date
21 November 2008
Procedural Posture
Criminal Appeal / Judgment on Conviction and Sentence Appeals
Outcome
Appeals against conviction dismissed; sentences varied in some cases
Legal Topics
Assisting an Offender, Failure to Disclose Information, Sentencing Principles, Admissibility of Confessions, Abuse of Process
Criminal Law Terrorism Assisting an Offender Failure to Disclose Information Sentencing Principles Admissibility of Confessions Abuse of Process

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 11 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

R

Prosecution

Abdul Sherif

Applicant

Siraj Ali

Applicant

Muhedin Ali

Applicant

Wahbi Mohamed

Applicant

Ismail Abdurahman

Applicant

Fardosa Abdullahi

Applicant

Procedural Posture

Criminal Appeal / Judgment on Conviction and Sentence Appeals

Legal Issues

  1. 1 Whether the trial judge misdirected the jury on knowledge or belief for failure to disclose information offences
  2. 2 Whether confessions obtained in breach of police codes should be excluded
  3. 3 Whether consecutive sentences and maximum sentences were justified

Ratio Decidendi

The jury was properly directed on knowledge and belief; confessions were reliable and properly admitted; consecutive and maximum sentences were justified given the gravity of the offences; offers of accommodation by telephone constitute an 'act' under assisting an offender; house arrest periods warrant modest credit but do not equate to custody.

Court Disposition

Appeals against conviction dismissed; sentences varied in some cases

Orders

  • Siraj Ali's total sentence reduced to 9 years
  • Ismail Abdurahman's total sentence reduced to 8 years