Qoraishi, R v [2019] EWCA Crim 1602 (06 September 2019)

Qoraishi, R v [2019] EWCA Crim 1602 (06 September 2019)

The sentencing judge correctly applied the statutory starting point and properly weighed aggravating and mitigating factors. The uplift to a 20-year minimum term before credit for plea was within the reasonable range of judicial discretion and not unduly lenient.

Citation
[2019] EWCA Crim 1602
Parties
Applicant: HM Solicitor General; Offender: Mohammed Tawos Qoraishi
Jurisdiction
England and Wales
Judgment Date
06 September 2019
Procedural Posture
Criminal Appeal Reference by Attorney General (unduly Lenient Sentence) / Court of Appeal Judgment on Reference Under S.36 Criminal Justice Act 1988
Outcome
Reference dismissed; sentence upheld
Legal Topics
Murder, Sentencing, Unduly Lenient Sentence, Minimum Term, Aggravating and Mitigating Factors
Criminal Law Murder Sentencing Unduly Lenient Sentence Minimum Term Aggravating and Mitigating Factors

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Parties

HM Solicitor General

Applicant

Mohammed Tawos Qoraishi

Offender

Procedural Posture

Criminal Appeal Reference by Attorney General (unduly Lenient Sentence) / Court of Appeal Judgment on Reference Under S.36 Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the minimum term of 16 years and 82 days for murder was unduly lenient
  2. 2 Proper application of aggravating and mitigating factors in sentencing for murder

Ratio Decidendi

The sentencing judge correctly applied the statutory starting point and properly weighed aggravating and mitigating factors. The uplift to a 20-year minimum term before credit for plea was within the reasonable range of judicial discretion and not unduly lenient.

Court Disposition

Reference dismissed; sentence upheld

Orders

  • Leave to refer granted
  • No interference with sentence; original sentence stands