Ikram & Anor, R v

Ikram & Anor, R v

The convictions were safe as the jury was accurately directed on the statutory ingredients of section 5; the trial judge properly exercised discretion in refusing to recall Parveen; the procedural steps taken by the Crown were not an abuse of process; the sentences imposed were severe but not manifestly excessive or wrong in principle given the circumstances.

Parties
Prosecutor: R; Appellant: Abid Ikram; Appellant: Sumaira Parveen
Jurisdiction
England and Wales
Judgment Date
19 March 2008
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
appeals against conviction and sentence dismissed
Legal Topics
Causing or Allowing Death of a Child, Section 5 Domestic Violence Crime and Victims Act 2004, Procedural Fairness, Recall of Defendant, Sentencing Principles
Criminal Law Child Protection Causing or Allowing Death of a Child Section 5 Domestic Violence Crime and Victims Act 2004 Procedural Fairness Recall of Defendant Sentencing Principles

Case Brief

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Parties

R

Prosecutor

Abid Ikram

Appellant

Sumaira Parveen

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the convictions for causing or allowing the death of a child under section 5 of the Domestic Violence, Crime and Victims Act 2004 were safe
  2. 2 Whether the trial judge erred in refusing to recall Parveen to give further evidence
  3. 3 Whether the summing up and directions to the jury were legally accurate

Ratio Decidendi

The convictions were safe as the jury was accurately directed on the statutory ingredients of section 5; the trial judge properly exercised discretion in refusing to recall Parveen; the procedural steps taken by the Crown were not an abuse of process; the sentences imposed were severe but not manifestly excessive or wrong in principle given the circumstances.

Court Disposition

appeals against conviction and sentence dismissed

Orders

  • Convictions for causing or allowing the death of a child under section 5 of the Domestic Violence, Crime and Victims Act 2004 upheld
  • Sentences of 9 years' imprisonment for both appellants confirmed