Abuhamza, R. v

Abuhamza, R. v

The sentences imposed were not excessive given the sustained and horrific cruelty, the timing and extent of diminished responsibility, and the absence of intent for murder; the judge's assessment was correct and there is no proper basis for interference.

Parties
Appellant: Junaid Abuhamza; Appellant: Angela Mavlette Gordon; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
01 March 2011
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Manslaughter, Child Cruelty, Sentencing, Diminished Responsibility
Criminal Law Manslaughter Child Cruelty Sentencing Diminished Responsibility

Case Brief

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Parties

Junaid Abuhamza

Appellant

Angela Mavlette Gordon

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences imposed for manslaughter and child cruelty were excessive given diminished responsibility and mental health factors
  2. 2 Appropriateness of imprisonment for public protection versus determinate sentence

Ratio Decidendi

The sentences imposed were not excessive given the sustained and horrific cruelty, the timing and extent of diminished responsibility, and the absence of intent for murder; the judge's assessment was correct and there is no proper basis for interference.

Court Disposition

appeal dismissed

Orders

  • Sentences imposed by the Crown Court are upheld.
  • No change to imprisonment for public protection for Abuhamza.