Nazir, R. v

Nazir, R. v

Given the appellant's personal circumstances, loss of employment, financial hardship, and remorse, a sentence of three months was excessive; a sentence of one month is sufficient to mark the seriousness of the offence.

Parties
Prosecutor: Regina; Appellant: Khalid Nazir
Jurisdiction
England and Wales
Judgment Date
18 March 2003
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal allowed; sentence reduced
Legal Topics
Misconduct in Public Office, Sentencing
Criminal Law Misconduct in Public Office Sentencing

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecutor

Khalid Nazir

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentence of three months' imprisonment for misconduct in public office was manifestly excessive in the circumstances.

Ratio Decidendi

Given the appellant's personal circumstances, loss of employment, financial hardship, and remorse, a sentence of three months was excessive; a sentence of one month is sufficient to mark the seriousness of the offence.

Court Disposition

appeal allowed; sentence reduced

Orders

  • Sentence of three months' imprisonment quashed
  • Substitute sentence of one month's imprisonment