R v Babak Rasouli

R v Babak Rasouli

The sentencing judge intended to apply a 25% reduction for the guilty plea to a notional sentence of four years but failed to do so correctly; the correct sentence should have been three years (36 months), not three-and-a-half years (42 months).

Source-derived case information.

Parties
Prosecutor: Rex; Appellant: Babak Rasouli
Jurisdiction
England and Wales
Judgment Date
09 February 2023
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed; sentence reduced
Legal Topics
Sentencing, Guilty Plea Credit, Drug Offences
Criminal Law Sentencing Guilty Plea Credit Drug Offences

Source-derived case record

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Parties

Rex

Prosecutor

Babak Rasouli

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge gave the correct credit for the appellant's guilty plea

Ratio Decidendi

The sentencing judge intended to apply a 25% reduction for the guilty plea to a notional sentence of four years but failed to do so correctly; the correct sentence should have been three years (36 months), not three-and-a-half years (42 months).

Court Disposition

appeal allowed; sentence reduced

Orders

  • Sentence of 42 months quashed
  • Substitute sentence of 36 months' imprisonment