R v Albab Monnan
The sentencing judge failed to properly apply the Children guideline and overestimated the appropriate sentence for offences committed by a 17-year-old; after considering mitigation and youth, the correct sentence is five years and four months on each count.
- Parties
- Prosecutor: Rex; Appellant: Albab Monnan
- Jurisdiction
- England and Wales
- Judgment Date
- 13 January 2025
- Procedural Posture
- Criminal Appeal / Judgment on Appeal Against Sentence
- Outcome
- appeal allowed
- Legal Topics
- Sexual Offences, Sentencing, Historic Offences, Children and Young People, Appeals
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Prosecutor
Albab Monnan
Appellant
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Legal Issues
- 1 Whether the sentencing judge erred in categorising the offending under the adult guideline
- 2 Whether sufficient weight was given to mitigation and youth
- 3 Whether totality was properly considered
Ratio Decidendi
The sentencing judge failed to properly apply the Children guideline and overestimated the appropriate sentence for offences committed by a 17-year-old; after considering mitigation and youth, the correct sentence is five years and four months on each count.
Court Disposition
appeal allowed
Orders
- Concurrent sentences of eight years and six months quashed
- Sentences of five years and four months imposed on each count
Full Case Text
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