R v Abdulrahman Haddad

R v Abdulrahman Haddad

The suspended sentence of 7 days imprisonment for the Bail Act offence was unlawful because the minimum term for suspension is 14 days under Sentencing Act 2020. The Bail Act offence is not contempt or a kindred offence, so the judge could not lawfully impose a suspended sentence below the statutory minimum. The conviction is safe as the appellant was afforded full opportunity to explain himself.

Parties
Respondent: Rex; Appellant: Abdulrahman Haddad
Jurisdiction
England and Wales
Judgment Date
09 September 2024
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
appeal against conviction dismissed; appeal against sentence allowed
Legal Topics
Failure to Surrender to Bail, Sentencing, Contempt of Court, Representation Rights
Criminal Law Procedure Failure to Surrender to Bail Sentencing Contempt of Court Representation Rights

Case Brief

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Parties

Rex

Respondent

Abdulrahman Haddad

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the conviction for failure to surrender to bail was safe
  2. 2 Whether the suspended sentence of 7 days imprisonment was lawful under Sentencing Act 2020
  3. 3 Whether the Bail Act offence constitutes contempt or a kindred offence for sentencing purposes

Ratio Decidendi

The suspended sentence of 7 days imprisonment for the Bail Act offence was unlawful because the minimum term for suspension is 14 days under Sentencing Act 2020. The Bail Act offence is not contempt or a kindred offence, so the judge could not lawfully impose a suspended sentence below the statutory minimum. The conviction is safe as the appellant was afforded full opportunity to explain himself.

Court Disposition

appeal against conviction dismissed; appeal against sentence allowed

Orders

  • suspended sentence quashed
  • absolute discharge substituted