Tabbakh, R v

Tabbakh, R v

The judge was entitled to consider the overall circumstances, including the importance of the defendant's evidence and the degree of risk posed by his mental condition. The risk of self-harm was not sufficient to make it undesirable for the defendant to give evidence. The original ruling was not flawed, and the sentence imposed was not manifestly excessive or outside the range available to the judge.

Parties
Respondent: Regina; Appellant: Hassan Tabbakh
Jurisdiction
England and Wales
Judgment Date
03 March 2009
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against conviction dismissed; application for leave to appeal against sentence refused; certification of a point of public importance refused.
Legal Topics
Adverse Inference, Defendant's Physical or Mental Condition, Preparation of Terrorist Acts, Sentencing
Criminal Law Adverse Inference Defendant's Physical or Mental Condition Preparation of Terrorist Acts Sentencing

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Respondent

Hassan Tabbakh

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the judge erred in allowing the jury to draw adverse inferences from the defendant's failure to testify given his mental condition under section 35(1)(b) of the Criminal Justice and Public Order Act 1994
  2. 2 Whether the sentence imposed was manifestly excessive

Ratio Decidendi

The judge was entitled to consider the overall circumstances, including the importance of the defendant's evidence and the degree of risk posed by his mental condition. The risk of self-harm was not sufficient to make it undesirable for the defendant to give evidence. The original ruling was not flawed, and the sentence imposed was not manifestly excessive or outside the range available to the judge.

Court Disposition

Appeal against conviction dismissed; application for leave to appeal against sentence refused; certification of a point of public importance refused.

Orders

  • Appeal against conviction dismissed
  • Application for leave to appeal against sentence refused