Attorney General's Reference No. 53 of 2011

Attorney General's Reference No. 53 of 2011

Given the premeditated and aggravated nature of the offences, the vulnerability of the victim, and the sustained attack, the original minimum term of five years was unduly lenient; a six-year minimum term is appropriate despite the offender's youth.

Parties
Applicant: Attorney General; Offender/respondent: Farhan Ahmed
Jurisdiction
England and Wales
Judgment Date
27 October 2011
Procedural Posture
Criminal Appeal / Appeal Against Sentence; Attorney General's Reference Under Section 36 of the Criminal Justice Act 1988
Outcome
Appeal allowed in part; minimum term increased
Legal Topics
Sentencing, Sexual Offences, Dangerousness Provisions, Detention for Public Protection, Attorney General's Reference
Criminal Law Sentencing Sexual Offences Dangerousness Provisions Detention for Public Protection Attorney General's Reference

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Parties

Attorney General

Applicant

Farhan Ahmed

Offender/respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence; Attorney General's Reference Under Section 36 of the Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentence of detention for public protection with a five-year minimum term was appropriate or unduly lenient
  2. 2 Whether an extended sentence should have been imposed instead of detention for public protection

Ratio Decidendi

Given the premeditated and aggravated nature of the offences, the vulnerability of the victim, and the sustained attack, the original minimum term of five years was unduly lenient; a six-year minimum term is appropriate despite the offender's youth.

Court Disposition

Appeal allowed in part; minimum term increased

Orders

  • Leave to appeal out of time granted to the offender
  • Minimum term for detention for public protection increased from five years to six years