Shah v R.

Shah v R.

There was no conflict of interest or impropriety affecting the fairness of the trial; the bad character application would have failed; the decision not to call the second alibi witness was reasonable; and the judicial directions were adequate. The conviction is safe. However, the minimum term of the indeterminate...

Source-derived case information.

Parties
Appellant: Babar Ali Shah; Respondent: The Queen
Jurisdiction
England and Wales
Judgment Date
14 July 2015
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against conviction refused; appeal against sentence allowed in part
Legal Topics
Attempted Murder, Wounding With Intent, Possession of Firearm, Conflict of Interest, Bad Character Evidence, Alibi, Judicial Directions, Sentencing
Criminal Law Attempted Murder Wounding With Intent Possession of Firearm Conflict of Interest Bad Character Evidence Alibi Judicial Directions +1 more

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Summary, issues, holding and outcome

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Parties

Babar Ali Shah

Appellant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the appellant's conviction is unsafe due to alleged conflict of interest and impropriety by his solicitors
  2. 2 Whether failure to pursue bad character applications and call certain witnesses rendered the conviction unsafe
  3. 3 Whether judicial directions on alibi and adverse inferences were adequate

Ratio Decidendi

There was no conflict of interest or impropriety affecting the fairness of the trial; the bad character application would have failed; the decision not to call the second alibi witness was reasonable; and the judicial directions were adequate. The conviction is safe. However, the minimum term of the indeterminate sentence was excessive and is reduced to 17 years.

Court Disposition

Appeal against conviction refused; appeal against sentence allowed in part

Orders

  • Applications for extensions of time and leave to appeal against conviction refused
  • Minimum term of sentence reduced from 20 years to 17 years, with time served on remand to count