Khan & Anor, R. v [2026] EWCA Crim 180 (05 February 2026)

Khan & Anor, R. v [2026] EWCA Crim 180 (05 February 2026)

The judge was entitled to admit the bad character evidence as it was relevant to propensity and not solely to bolster identification; the identification evidence, supported by other evidence, was not inherently weak; the refusal of the submission of no case to answer was correct; the imposition of a life sentence was justified given the seriousness of the offence, the risk to the public, and the applicants' dangerousness as assessed in pre-sentence reports.

Citation
[2026] EWCA Crim 180
Parties
Prosecution: Rex; Applicant: Ehsan Khan; Applicant: Abdul Haq Hussain
Jurisdiction
England and Wales
Judgment Date
05 February 2026
Procedural Posture
Criminal Appeal / Court of Appeal Judgment on Renewed Applications for Leave to Appeal Against Conviction and Sentence
Outcome
Applications for leave to appeal against conviction and sentence refused.
Legal Topics
Attempted Murder, Possession of Bladed Article, Bad Character Evidence, Identification Evidence, Sentencing, Dangerousness, Leave to Appeal
Criminal Law Attempted Murder Possession of Bladed Article Bad Character Evidence Identification Evidence Sentencing Dangerousness Leave to Appeal

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Parties

Rex

Prosecution

Ehsan Khan

Applicant

Abdul Haq Hussain

Applicant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment on Renewed Applications for Leave to Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in admitting bad character evidence to support identification
  2. 2 Whether the identification evidence was too weak to support conviction
  3. 3 Whether the judge erred in refusing a submission of no case to answer

Ratio Decidendi

The judge was entitled to admit the bad character evidence as it was relevant to propensity and not solely to bolster identification; the identification evidence, supported by other evidence, was not inherently weak; the refusal of the submission of no case to answer was correct; the imposition of a life sentence was justified given the seriousness of the offence, the risk to the public, and the applicants' dangerousness as assessed in pre-sentence reports.

Court Disposition

Applications for leave to appeal against conviction and sentence refused.

Orders

  • Extension of time granted to Khan for renewal of application for leave to appeal.
  • Leave to appeal against conviction refused for Khan.