Ali Syed, R. v

Ali Syed, R. v

There was no arguable case of entrapment as the applicant initiated contact and was already planning the offence when he engaged with the undercover officer. The role players did not go beyond providing an unexceptional opportunity. The English law approach to entrapment remains compliant with Article 6 ECHR. The guilty plea did not preclude consideration of a category 2 stay, but there was no basis for a stay or exclusion of evidence. The application for leave to appeal was refused.

Parties
Respondent: Regina; Appellant: Haroon Ali Syed
Jurisdiction
England and Wales
Judgment Date
18 December 2018
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction and Sentence; Consideration of Entrapment and Exclusion of Evidence
Outcome
Application for leave to appeal refused; appeal dismissed; no certification of a point of general public importance.
Legal Topics
Entrapment, Abuse of Process, Exclusion of Evidence, Undercover Operations, Article 6 ECHR, Terrorism Offences
Criminal Law Human Rights Law Entrapment Abuse of Process Exclusion of Evidence Undercover Operations Article 6 ECHR Terrorism Offences

Case Brief

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Parties

Regina

Respondent

Haroon Ali Syed

Appellant

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Conviction and Sentence; Consideration of Entrapment and Exclusion of Evidence

Legal Issues

  1. 1 Whether the applicant was a victim of entrapment by state agents in the context of an undercover operation
  2. 2 Whether evidence obtained should be excluded under s.78 PACE and/or Article 6 ECHR
  3. 3 Whether proceedings should be stayed as an abuse of process

Ratio Decidendi

There was no arguable case of entrapment as the applicant initiated contact and was already planning the offence when he engaged with the undercover officer. The role players did not go beyond providing an unexceptional opportunity. The English law approach to entrapment remains compliant with Article 6 ECHR. The guilty plea did not preclude consideration of a category 2 stay, but there was no basis for a stay or exclusion of evidence. The application for leave to appeal was refused.

Court Disposition

Application for leave to appeal refused; appeal dismissed; no certification of a point of general public importance.

Orders

  • Leave to appeal refused
  • Appeal dismissed