Mohammed, R v

Mohammed, R v

The appellant's sentence should be reduced by two years to maintain parity with co-accused, as the original starting point was too high due to inappropriate reliance on R v Law, which involved a firearm, unlike the present case.

Parties
Prosecution: Regina; Appellant: Farooq Mohammed
Jurisdiction
England and Wales
Judgment Date
21 December 2005
Procedural Posture
Criminal Appeal / Sentence Appeal After Reference by Criminal Cases Review Commission
Outcome
appeal allowed in part
Legal Topics
Robbery, Sentencing, Appeal Procedure, Abandonment of Appeal, Criminal Cases Review Commission
Criminal Law Robbery Sentencing Appeal Procedure Abandonment of Appeal Criminal Cases Review Commission

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Farooq Mohammed

Appellant

Procedural Posture

Criminal Appeal / Sentence Appeal After Reference 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 and subsequent reference by the Criminal Cases Review Commission
  2. 2 Whether the use of R v Law as a sentencing starting point was appropriate given no firearm was used

Ratio Decidendi

The appellant's sentence should be reduced by two years to maintain parity with co-accused, as the original starting point was too high due to inappropriate reliance on R v Law, which involved a firearm, unlike the present case.

Court Disposition

appeal allowed in part

Orders

  • Original sentence quashed
  • Sentence of eight years' imprisonment imposed