Khan v R

Khan v R

Where aggravating conduct is relevant to the criminal charge, addressed in trial, and established to the criminal standard, a judge may take it into account in sentencing, provided reliance is not inconsistent with the verdict.

Source-derived case information.

Parties
Appellant: Imran Mohammed Khan; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
11 March 2009
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Sentencing, Aggravating Factors, Perverting the Course of Justice
Criminal Law Sentencing Aggravating Factors Perverting the Course of Justice

Source-derived case record

Summary, issues, holding and outcome

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Parties

Imran Mohammed Khan

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether a judge may take into account aggravating evidence not charged as a separate offence and disputed by the offender when sentencing

Ratio Decidendi

Where aggravating conduct is relevant to the criminal charge, addressed in trial, and established to the criminal standard, a judge may take it into account in sentencing, provided reliance is not inconsistent with the verdict.

Court Disposition

appeal allowed in part

Orders

  • Sentence reduced to 18 months imprisonment
  • Judge’s directions on community and suspended sentence to stand