Lashari, R v

Lashari, R v

Although the sentencing judge misdirected himself in law by applying the wrong standard of proof to the appellant’s account, this error did not affect the ultimate conclusion that there were no exceptional circumstances justifying a sentence below the statutory minimum. Even accepting the appellant’s version of events, the facts did not amount to exceptional circumstances.

Parties
Respondent: R; Appellant: Ayub Lashari
Jurisdiction
England and Wales
Judgment Date
01 July 2010
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal dismissed
Legal Topics
Firearms Offences, Sentencing, Exceptional Circumstances, Burden of Proof
Criminal Law Firearms Offences Sentencing Exceptional Circumstances Burden of Proof

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Parties

R

Respondent

Ayub Lashari

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge applied the correct burden and standard of proof in determining the existence of exceptional circumstances under Section 51A(2) of the Firearms Act 1968
  2. 2 Whether the facts of the case amounted to exceptional circumstances justifying a sentence below the statutory minimum

Ratio Decidendi

Although the sentencing judge misdirected himself in law by applying the wrong standard of proof to the appellant’s account, this error did not affect the ultimate conclusion that there were no exceptional circumstances justifying a sentence below the statutory minimum. Even accepting the appellant’s version of events, the facts did not amount to exceptional circumstances.

Court Disposition

Appeal dismissed

Orders

  • Sentence of five years' imprisonment upheld