Khan, R. v [2010] EWCA Crim 2880 (09 December 2010)

Khan, R. v [2010] EWCA Crim 2880 (09 December 2010)

The original sentences of 3 years imprisonment for Shahnawaz Ali Khan and Raza Ali Khan were unduly lenient given the scale, organisation, and seriousness of the exploitation. Sentences of 4 years imprisonment were substituted. The sentence of 3 years imprisonment for Perveen Khan was upheld due to her fluctuating...

Source-derived case information.

Citation
[2010] EWCA Crim 2880
Parties
Applicant: HM Attorney General; Respondent/applicant: Shahnawaz Ali Khan; Respondent/applicant: Raza Ali Khan; Respondent/applicant: Perveen Khan
Jurisdiction
England and Wales
Judgment Date
09 December 2010
Procedural Posture
Criminal Appeal and Attorney General's Reference / Appeal and Sentence Review Under S.36 Criminal Justice Act 1988
Outcome
Sentences of 3 years imprisonment for Shahnawaz Ali Khan and Raza Ali Khan quashed and replaced with 4 years imprisonment; sentence of 3 years imprisonment for Perveen Khan upheld; applications for leave to appeal sentence refused.
Legal Topics
Human Trafficking for Labour Exploitation, Sentencing, Mental Health and Sentencing, Attorney General's Reference, Conspiracy to Traffic Persons
Criminal Law Immigration Law Human Rights Human Trafficking for Labour Exploitation Sentencing Mental Health and Sentencing Attorney General's Reference Conspiracy to Traffic Persons

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Parties

HM Attorney General

Applicant

Shahnawaz Ali Khan

Respondent/applicant

Raza Ali Khan

Respondent/applicant

Perveen Khan

Respondent/applicant

Procedural Posture

Criminal Appeal and Attorney General's Reference / Appeal and Sentence Review Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the sentences imposed for conspiracy to traffic persons for exploitation were unduly lenient
  2. 2 Whether a hospital order should have been made for Perveen Khan due to mental health
  3. 3 Appropriate sentencing principles for offences under s.4 Asylum & Immigration (Treatment of Claimants, etc) Act 2004

Ratio Decidendi

The original sentences of 3 years imprisonment for Shahnawaz Ali Khan and Raza Ali Khan were unduly lenient given the scale, organisation, and seriousness of the exploitation. Sentences of 4 years imprisonment were substituted. The sentence of 3 years imprisonment for Perveen Khan was upheld due to her fluctuating mental health, but a hospital order was not warranted. Applications for leave to appeal sentence were refused.

Court Disposition

Sentences of 3 years imprisonment for Shahnawaz Ali Khan and Raza Ali Khan quashed and replaced with 4 years imprisonment; sentence of 3 years imprisonment for Perveen Khan upheld; applications for leave to appeal sentence refused.

Orders

  • Leave granted to Solicitor General for review of sentences.
  • Sentences of 3 years imprisonment for Shahnawaz Ali Khan and Raza Ali Khan quashed and replaced with 4 years imprisonment each.