Mohammed v R [2018] EWCA Crim 675 (28 March 2018)

Mohammed v R [2018] EWCA Crim 675 (28 March 2018)

The fresh evidence from Mr Clarke does not raise a reasonable doubt as to the guilt of the applicant due to significant evidential and procedural deficiencies; therefore, permission to appeal against conviction is refused. The sentence imposed was technically unlawful as the statutory provision for an extended licence period did not apply; the sentence is quashed and substituted with a lawful custodial term.

Citation
[2018] EWCA Crim 675
Parties
Appellant: Khaldoun Mohammed; Respondent: R
Jurisdiction
England and Wales
Judgment Date
28 March 2018
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Conviction and Sentence
Outcome
Appeal against conviction refused; appeal against sentence allowed in part
Legal Topics
Rape, Fresh Evidence, Appeal Against Conviction, Sentencing Error
Criminal Law Rape Fresh Evidence Appeal Against Conviction Sentencing Error

Case Brief

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Parties

Khaldoun Mohammed

Appellant

R

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether fresh evidence calls into question the safety of the conviction for rape
  2. 2 Whether the sentence imposed was lawful under the relevant statutory provisions

Ratio Decidendi

The fresh evidence from Mr Clarke does not raise a reasonable doubt as to the guilt of the applicant due to significant evidential and procedural deficiencies; therefore, permission to appeal against conviction is refused. The sentence imposed was technically unlawful as the statutory provision for an extended licence period did not apply; the sentence is quashed and substituted with a lawful custodial term.

Court Disposition

Appeal against conviction refused; appeal against sentence allowed in part

Orders

  • Permission to appeal against conviction refused
  • Fresh evidence not admitted