Abbas & Anor, R. v

Abbas & Anor, R. v

Conviction on count 2 against Abbas was unsafe due to lack of evidence from which jury could properly infer knowledge of imitation firearm possession and insufficient judicial direction; sentence reduced accordingly. Application by Asafu-Adjaye dismissed as sentence was not manifestly excessive nor objectionably disparate given his involvement.

Parties
Respondent: The Queen; Appellant: Ismail Abbas; Applicant: Patrick Asafu-Adjaye
Jurisdiction
England and Wales
Judgment Date
27 November 2012
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
Appeal against conviction on count 2 by Abbas allowed; sentence reduced. Application for leave to appeal against sentence by Asafu-Adjaye dismissed.
Legal Topics
Robbery, Joint Enterprise, Possession of Imitation Firearm, Sentencing, Disparity of Sentences
Criminal Law Robbery Joint Enterprise Possession of Imitation Firearm Sentencing Disparity of Sentences

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Parties

The Queen

Respondent

Ismail Abbas

Appellant

Patrick Asafu-Adjaye

Applicant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether conviction for possession of imitation firearm was safe given evidence and jury directions
  2. 2 Whether sentence imposed on Abbas was appropriate after conviction on count 2 quashed
  3. 3 Whether sentence imposed on Asafu-Adjaye was manifestly excessive or showed objectionable disparity

Ratio Decidendi

Conviction on count 2 against Abbas was unsafe due to lack of evidence from which jury could properly infer knowledge of imitation firearm possession and insufficient judicial direction; sentence reduced accordingly. Application by Asafu-Adjaye dismissed as sentence was not manifestly excessive nor objectionably disparate given his involvement.

Court Disposition

Appeal against conviction on count 2 by Abbas allowed; sentence reduced. Application for leave to appeal against sentence by Asafu-Adjaye dismissed.

Orders

  • Conviction on count 2 (possession of imitation firearm) against Abbas quashed.
  • Total sentence for Abbas reduced from 11 years to 10 years imprisonment.