Sheikh, R. v [2025] EWCA Crim 566 (26 March 2025)
The trial judge did not err in admitting evidence of civil judgments as they were relevant to motive and chronology but not determinative of guilt; there was ample circumstantial evidence for the case to go to the jury; the directions to the jury on standards of proof and Article 10 rights were adequate; the sentence was justified given the high culpability, aggravating features, and harm, and the principle of totality was not breached.
- Citation
- [2025] EWCA Crim 566
- Parties
- Prosecution: Rex; Applicant: Javed Sheikh
- Jurisdiction
- England and Wales
- Judgment Date
- 26 March 2025
- Procedural Posture
- Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction and Sentence
- Outcome
- renewed application for permission to appeal against conviction and sentence dismissed
- Legal Topics
- Stalking, Admissibility of Civil Judgments in Criminal Proceedings, Freedom of Expression, Sentencing, Mental Disorder and Sentencing, Principle of Totality
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Prosecution
Javed Sheikh
Applicant
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Against Conviction and Sentence
Legal Issues
- 1 Whether the trial judge erred in admitting civil judgments into evidence in the criminal trial
- 2 Whether the trial judge erred in refusing a submission of no case to answer
- 3 Whether the applicant's Article 10 ECHR rights were breached
Ratio Decidendi
The trial judge did not err in admitting evidence of civil judgments as they were relevant to motive and chronology but not determinative of guilt; there was ample circumstantial evidence for the case to go to the jury; the directions to the jury on standards of proof and Article 10 rights were adequate; the sentence was justified given the high culpability, aggravating features, and harm, and the principle of totality was not breached.
Court Disposition
renewed application for permission to appeal against conviction and sentence dismissed
Orders
- Conviction stands
- Sentence of 8 years' imprisonment stands
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