R v Imran Michael Saddiq

R v Imran Michael Saddiq

The judge failed to consider the exceptional personal mitigation and the appellant's role as sole carer for his children. The sentence was manifestly excessive in light of these factors. A sentence of 15 months, suspended for two years, with a 20-day RAR requirement, was justified.

Parties
Prosecutor: Rex; Appellant: Imran Michael Saddiq
Jurisdiction
England and Wales
Judgment Date
23 September 2022
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed in part; sentence varied
Legal Topics
Grievous Bodily Harm, Sentencing, Mitigation, Suspension of Sentence
Criminal Law Grievous Bodily Harm Sentencing Mitigation Suspension of Sentence

Case Brief

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Parties

Rex

Prosecutor

Imran Michael Saddiq

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of 20 months' immediate custody was manifestly excessive and wrong in principle
  2. 2 Whether the judge failed to consider exceptional personal mitigation and caring responsibilities
  3. 3 Whether the sentence should have been suspended

Ratio Decidendi

The judge failed to consider the exceptional personal mitigation and the appellant's role as sole carer for his children. The sentence was manifestly excessive in light of these factors. A sentence of 15 months, suspended for two years, with a 20-day RAR requirement, was justified.

Court Disposition

appeal allowed in part; sentence varied

Orders

  • Sentence of 20 months' immediate custody quashed
  • Substituted with 15 months' imprisonment suspended for two years