Rasul, R. v [2026] EWCA Crim 453 (17 March 2026)

Rasul, R. v [2026] EWCA Crim 453 (17 March 2026)

The sentence imposed was manifestly excessive because insufficient credit was given for the appellant's substantial personal mitigation, including youth, immaturity, genuine remorse, and low risk of reoffending. The appropriate notional sentence after trial should have been 30 months, reduced to 20 months for the guilty plea, with concurrent reductions on other counts. The judge's refusal to suspend the sentence was unimpeachable.

Citation
[2026] EWCA Crim 453
Parties
Respondent: Rex; Appellant: Ali Samadi Rasul
Jurisdiction
England and Wales
Judgment Date
17 March 2026
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed in part; sentence reduced.
Legal Topics
Sentencing, Fraud, Appeals, Mitigation, Sentencing Guidelines
Criminal Law Sentencing Fraud Appeals Mitigation Sentencing Guidelines

Case Brief

Summary, issues, holding and outcome

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Parties

Rex

Respondent

Ali Samadi Rasul

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence imposed was manifestly excessive in light of the appellant's personal mitigation and the Sentencing Council Guidelines for offences under sections 6 and 7 of the Fraud Act 2006.
  2. 2 Whether the judge was correct to categorise the offending as 'greater harm' under the guidelines.
  3. 3 Whether sufficient credit was given for mitigation including youth, immaturity, and prospects of rehabilitation.

Ratio Decidendi

The sentence imposed was manifestly excessive because insufficient credit was given for the appellant's substantial personal mitigation, including youth, immaturity, genuine remorse, and low risk of reoffending. The appropriate notional sentence after trial should have been 30 months, reduced to 20 months for the guilty plea, with concurrent reductions on other counts. The judge's refusal to suspend the sentence was unimpeachable.

Court Disposition

Appeal allowed in part; sentence reduced.

Orders

  • Lead offence sentence reduced to 20 months' imprisonment after guilty plea.
  • Count 3 sentence reduced to 18 months.