Khan, R v [2020] EWCA Crim 1432 (08 October 2020)
The aggregate sentence of seven years and nine months was just and proportionate given the seriousness, planning, and persistence of the offending; the reduction for guilty plea and for youth was appropriate; the principle of totality was properly applied; and the sentences were not manifestly excessive nor wrong in principle.
- Citation
- [2020] EWCA Crim 1432
- Parties
- Prosecution: Regina; Appellant: Hamas Khan
- Jurisdiction
- England and Wales
- Judgment Date
- 08 October 2020
- Procedural Posture
- Criminal Appeal / Judgment on Appeal Against Sentence
- Outcome
- appeal dismissed
- Legal Topics
- Sentencing, Domestic Burglary, Conspiracy to Burgle, Totality Principle, Credit for Guilty Plea, Youth Sentencing
Case Brief
Summary, issues, holding and outcome
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Parties
Regina
Prosecution
Hamas Khan
Appellant
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Legal Issues
- 1 Whether the aggregate sentence of seven years and nine months was manifestly excessive
- 2 Whether the sentence for conspiracy to burgle should have been shorter having regard to totality
- 3 Whether greater credit should have been given for the late guilty plea
Ratio Decidendi
The aggregate sentence of seven years and nine months was just and proportionate given the seriousness, planning, and persistence of the offending; the reduction for guilty plea and for youth was appropriate; the principle of totality was properly applied; and the sentences were not manifestly excessive nor wrong in principle.
Court Disposition
appeal dismissed
Orders
- Renewed applications for extension of time and for leave to appeal against the first indictment sentence refused.
- Appeal against sentence on the second indictment dismissed.
Full Case Text
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