R v Awadh Saleh

R v Awadh Saleh

The judge was correct not to reduce the minimum term for time spent in custody awaiting trial because the applicant was serving a sentence for unrelated offences during that period; the minimum term imposed was not manifestly excessive and reflected the gravity of the offending and totality.

Source-derived case information.

Parties
Prosecutor: Rex; Applicant: Awadh Saleh
Jurisdiction
England and Wales
Judgment Date
25 June 2025
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Sentence
Outcome
leave to appeal refused
Legal Topics
Sentencing, Minimum Term, Murder, Remand Credit, Totality Principle
Criminal Law Sentencing Minimum Term Murder Remand Credit Totality Principle

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Parties

Rex

Prosecutor

Awadh Saleh

Applicant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in not reducing the minimum term to reflect time spent in custody awaiting trial
  2. 2 Whether the minimum term imposed was manifestly excessive
  3. 3 Whether the distinction between the applicant and co-defendant regarding remand credit was unfair

Ratio Decidendi

The judge was correct not to reduce the minimum term for time spent in custody awaiting trial because the applicant was serving a sentence for unrelated offences during that period; the minimum term imposed was not manifestly excessive and reflected the gravity of the offending and totality.

Court Disposition

leave to appeal refused

Orders

  • application for leave to appeal sentence refused
  • extension of time refused