Khan, R. v

Khan, R. v

The original sentences of 3 years' imprisonment for Shahnawaz Ali Khan and Raza Ali Khan were unduly lenient given the scale, organisation, and aggravating features of the offending. Appropriate sentences, allowing for limited personal mitigation and the effect of a second sentencing process, are 4 years' imprisonment for each. The sentence for Perveen Khan remains at 3 years due to her fluctuating mental health. The judge did not err in refusing a hospital order for Perveen Khan.

Parties
Applicant: HM Attorney General; Respondent/offender: Shahnawaz Ali Khan; Respondent/offender: Raza Ali Khan; Respondent/offender: Perveen Khan
Jurisdiction
England and Wales
Judgment Date
09 December 2010
Procedural Posture
Criminal Appeal and Attorney General's Reference / Appeal and Sentence Review
Outcome
Sentences of 3 years' imprisonment for Shahnawaz Ali Khan and Raza Ali Khan quashed and substituted with 4 years' imprisonment. Sentence of 3 years' imprisonment for Perveen Khan upheld. Applications for leave to appeal sentence refused.
Legal Topics
Trafficking in Persons, Labour Exploitation, Sentencing, Mental Health and Sentencing, Attorney General's Reference
Criminal Law Immigration Law Human Rights Trafficking in Persons Labour Exploitation Sentencing Mental Health and Sentencing Attorney General's Reference

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Parties

HM Attorney General

Applicant

Shahnawaz Ali Khan

Respondent/offender

Raza Ali Khan

Respondent/offender

Perveen Khan

Respondent/offender

Procedural Posture

Criminal Appeal and Attorney General's Reference / Appeal and Sentence Review

Legal Issues

  1. 1 Whether the sentences imposed for conspiracy to traffic persons for exploitation were unduly lenient
  2. 2 Whether a hospital order under section 37 Mental Health Act 1983 should have been made for Perveen Khan instead of imprisonment
  3. 3 Appropriate sentencing principles for offences under section 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 aggravating features of the offending. Appropriate sentences, allowing for limited personal mitigation and the effect of a second sentencing process, are 4 years' imprisonment for each. The sentence for Perveen Khan remains at 3 years due to her fluctuating mental health. The judge did not err in refusing a hospital order for Perveen Khan.

Court Disposition

Sentences of 3 years' imprisonment for Shahnawaz Ali Khan and Raza Ali Khan quashed and substituted 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 sentence review.
  • Sentences of 3 years for Shahnawaz Ali Khan and Raza Ali Khan quashed and replaced with 4 years' imprisonment each.