R v Fartun Jamal

R v Fartun Jamal

The original sentence failed to sufficiently account for multiple mitigating factors, particularly long-standing depression, efforts to seek help, and impact on surviving children; the resulting sentence was manifestly excessive and required reduction to the bottom of the guideline ranges, with all sentences to run concurrently in accordance with the totality principle.

Parties
Respondent: Rex; Appellant: Fartun Jamal
Jurisdiction
England and Wales
Judgment Date
23 February 2023
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed; sentence reduced
Legal Topics
Sentencing, Mitigating Factors, Totality Principle, Child Neglect, Causing Death by Neglect
Criminal Law Child Protection Sentencing Mitigating Factors Totality Principle Child Neglect Causing Death by Neglect

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Parties

Rex

Respondent

Fartun Jamal

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the original sentence was manifestly excessive
  2. 2 Whether sufficient weight was given to mitigating factors including depression, anxiety, IQ, and delay
  3. 3 Appropriate categorisation of offences under sentencing guidelines

Ratio Decidendi

The original sentence failed to sufficiently account for multiple mitigating factors, particularly long-standing depression, efforts to seek help, and impact on surviving children; the resulting sentence was manifestly excessive and required reduction to the bottom of the guideline ranges, with all sentences to run concurrently in accordance with the totality principle.

Court Disposition

appeal allowed; sentence reduced

Orders

  • Sentence of 5 years on count 1 quashed and replaced with 3 years 6 months imprisonment
  • Sentence of 4 years 6 months on count 2 quashed and replaced with 2 years imprisonment