R v Fahran Nadeem

R v Fahran Nadeem

The maximum two-year operational period was disproportionate to the 21-week custodial sentence and manifestly excessive. An 18-month operational period is appropriate given the ongoing risk posed by the appellant and the circumstances of the case.

Parties
Prosecutor: Rex; Appellant: Fahran Nadeem
Jurisdiction
England and Wales
Judgment Date
15 March 2023
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Sentence
Outcome
appeal allowed in part
Legal Topics
Dangerous Driving, Sentencing, Suspended Sentence, Appeal Against Sentence
Criminal Law Dangerous Driving Sentencing Suspended Sentence Appeal Against Sentence

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Parties

Rex

Prosecutor

Fahran Nadeem

Appellant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Sentence

Legal Issues

  1. 1 Whether the two-year operational period of the suspended sentence was disproportionate to the 21-week custodial sentence for dangerous driving

Ratio Decidendi

The maximum two-year operational period was disproportionate to the 21-week custodial sentence and manifestly excessive. An 18-month operational period is appropriate given the ongoing risk posed by the appellant and the circumstances of the case.

Court Disposition

appeal allowed in part

Orders

  • The operational period of two years is quashed and substituted with an operational period of 18 months.