Miah & Anor, R v

Miah & Anor, R v

The trial judge did not err in refusing severance, gave adequate directions regarding evidence admissible against each defendant, and properly applied sentencing principles. The minimum terms imposed were not manifestly excessive given the seriousness of the offences and the relevant mitigating factors.

Parties
Respondent: R; Appellant: Akmol Miah; Appellant: Shihabuddin Choudhury
Jurisdiction
England and Wales
Judgment Date
15 April 2011
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
Appeals against conviction and sentence dismissed.
Legal Topics
Murder, Attempted Murder, Joint Trials, Severance, Bad Character Evidence, Diminished Responsibility, Sentencing Principles
Criminal Law Murder Attempted Murder Joint Trials Severance Bad Character Evidence Diminished Responsibility Sentencing Principles

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Parties

R

Respondent

Akmol Miah

Appellant

Shihabuddin Choudhury

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in refusing severance of the trials
  2. 2 Whether the trial judge gave adequate directions regarding evidence admissible against each defendant
  3. 3 Whether the admission of CCTV and bottle evidence was erroneous

Ratio Decidendi

The trial judge did not err in refusing severance, gave adequate directions regarding evidence admissible against each defendant, and properly applied sentencing principles. The minimum terms imposed were not manifestly excessive given the seriousness of the offences and the relevant mitigating factors.

Court Disposition

Appeals against conviction and sentence dismissed.

Orders

  • Convictions of Akmol Miah and Shihabuddin Choudhury upheld.
  • Sentences of detention at Her Majesty’s Pleasure (Miah) and life imprisonment (Choudhury) with specified minimum terms affirmed.