R v Faisel Khalil
The sentence was not manifestly excessive as the Recorder correctly categorised the offence as Category 2A due to the high risk of death or serious harm, and the willingness of the Crown to accept a plea to a lesser offence was irrelevant since the applicant was convicted of the more serious offence.
- Parties
- Prosecution: Rex; Applicant: Faisel Khalil
- Jurisdiction
- England and Wales
- Judgment Date
- 09 March 2024
- Procedural Posture
- Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence After Refusal by Single Judge
- Outcome
- Application for extension of time refused; renewed application for leave to appeal against sentence dismissed.
- Legal Topics
- Conspiracy to Possess Firearm With Intent to Endanger Life, Sentencing, Extension of Time, Manifestly Excessive Sentence
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Prosecution
Faisel Khalil
Applicant
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Sentence After Refusal by Single Judge
Legal Issues
- 1 Whether the sentence imposed was manifestly excessive
- 2 Whether the Recorder erred in finding the victim's letter not genuine
- 3 Whether the Recorder erred in categorising the offence as Category 2A
Ratio Decidendi
The sentence was not manifestly excessive as the Recorder correctly categorised the offence as Category 2A due to the high risk of death or serious harm, and the willingness of the Crown to accept a plea to a lesser offence was irrelevant since the applicant was convicted of the more serious offence.
Court Disposition
Application for extension of time refused; renewed application for leave to appeal against sentence dismissed.
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