Mohammed, R v [2005] EWCA Crim 3500 (21 December 2005)

Mohammed, R v [2005] EWCA Crim 3500 (21 December 2005)

The appellant's sentence was too high because the sentencing judge relied on a precedent involving a firearm, which was not present in this case; parity with co-accused required reduction by two years.

Citation
[2005] EWCA Crim 3500
Parties
Prosecution: Regina; Appellant: Farooq Mohammed
Jurisdiction
England and Wales
Judgment Date
21 December 2005
Procedural Posture
Criminal Appeal / Appeal Against Sentence Referred by Criminal Cases Review Commission
Outcome
appeal allowed
Legal Topics
Robbery, Sentencing, Appeal Procedure, Abandonment of Appeal, Sentence Reduction
Criminal Law Robbery Sentencing Appeal Procedure Abandonment of Appeal Sentence Reduction

Case Brief

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Parties

Regina

Prosecution

Farooq Mohammed

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence Referred by Criminal Cases Review Commission

Legal Issues

  1. 1 Whether the appellant's sentence should be reduced in line with co-accused after abandonment of appeal
  2. 2 Appropriateness of sentencing starting point given absence of firearm

Ratio Decidendi

The appellant's sentence was too high because the sentencing judge relied on a precedent involving a firearm, which was not present in this case; parity with co-accused required reduction by two years.

Court Disposition

appeal allowed

Orders

  • original sentence quashed
  • sentence of eight years' imprisonment imposed