Sardar v R

Sardar v R

The evidence was sufficient for the jury to infer the appellant's participation in the construction of the fatal IED; anonymous defence witnesses were not admissible under s. 87(3) as the prosecution must be able to investigate; fresh evidence did not materially affect the issues of intention or defence; the minimum term for life imprisonment was reduced to 35 years to reflect mitigation and lesser role.

Parties
Appellant: Anis Abid Sardar; Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
03 November 2016
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
Appeal against conviction refused; appeal against sentence allowed in part.
Legal Topics
Murder, Conspiracy to Murder, Witness Anonymity, Fresh Evidence, Defence of Another, Sentencing Guidelines
Criminal Law Terrorism Murder Conspiracy to Murder Witness Anonymity Fresh Evidence Defence of Another Sentencing Guidelines

Case Brief

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Parties

Anis Abid Sardar

Appellant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether there was a case to answer for murder based on circumstantial evidence
  2. 2 Admissibility of anonymous defence witnesses under s. 87(3) Coroners and Justice Act 2009
  3. 3 Whether fresh evidence should be admitted on appeal

Ratio Decidendi

The evidence was sufficient for the jury to infer the appellant's participation in the construction of the fatal IED; anonymous defence witnesses were not admissible under s. 87(3) as the prosecution must be able to investigate; fresh evidence did not materially affect the issues of intention or defence; the minimum term for life imprisonment was reduced to 35 years to reflect mitigation and lesser role.

Court Disposition

Appeal against conviction refused; appeal against sentence allowed in part.

Orders

  • Minimum term for life imprisonment reduced from 38 years to 35 years.
  • Sentence for conspiracy to murder remains unchanged.