REGINA v FARIS UDDIN

REGINA v FARIS UDDIN

It is lawful to suspend a minimum sentence of detention in a young offender institution imposed under section 315 of the Sentencing Code, but suspending such a sentence will only rarely be appropriate. In this case, the sentence was unduly lenient, but in the exercise of discretion, the court declined to increase or vary the sentence due to the offender's positive progress and rehabilitation.

Parties
Applicant: Attorney General; Respondent: Faris Uddin
Jurisdiction
England and Wales
Judgment Date
28 April 2022
Procedural Posture
Criminal Appeal / Attorney General's Reference Under Section 36 of the Criminal Justice Act 1988
Outcome
Sentence found unduly lenient but not increased or varied; original sentence remains unaltered.
Legal Topics
Sentencing, Minimum Sentences, Suspended Sentences, Weapons Offences, Young Offenders
Criminal Law Sentencing Minimum Sentences Suspended Sentences Weapons Offences Young Offenders

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Parties

Attorney General

Applicant

Faris Uddin

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Is it lawful to suspend a minimum sentence of imprisonment or detention in a young offender institution imposed pursuant to section 35 of the Sentencing Code for a repeat offence involving a weapon or bladed article?
  2. 2 Was the sentence imposed on Faris Uddin unduly lenient?

Ratio Decidendi

It is lawful to suspend a minimum sentence of detention in a young offender institution imposed under section 315 of the Sentencing Code, but suspending such a sentence will only rarely be appropriate. In this case, the sentence was unduly lenient, but in the exercise of discretion, the court declined to increase or vary the sentence due to the offender's positive progress and rehabilitation.

Court Disposition

Sentence found unduly lenient but not increased or varied; original sentence remains unaltered.

Orders

  • Leave to refer granted.
  • Crown Court record to be corrected to reflect suspended sentences were of detention in a young offender institution and deprivation order made under section 153 of the Code.