Hussain & Ors, R v

Hussain & Ors, R v

The sentences imposed for attempted murder and wounding with intent were too high given the factual findings, including lack of premeditation, joint enterprise, and the appellants not being principal offenders. The correct sentences are 15 years for attempted murder and 8 years for wounding with intent, to run concurrently.

Parties
Appellant: Mamoon Hussain; Appellant: Delwar Hussain; Appellant: Sodrul Islam; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
20 May 2008
Procedural Posture
Criminal Appeal / Sentence Appeal
Outcome
appeal allowed in part
Legal Topics
Attempted Murder, Wounding With Intent, Violent Disorder, Sentencing
Criminal Law Attempted Murder Wounding With Intent Violent Disorder Sentencing

Case Brief

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Parties

Mamoon Hussain

Appellant

Delwar Hussain

Appellant

Sodrul Islam

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Sentence Appeal

Legal Issues

  1. 1 Whether the sentences imposed for attempted murder and wounding with intent were excessive
  2. 2 Appropriate sentencing approach for joint enterprise in attempted murder
  3. 3 Application of precedent in sentencing for attempted murder

Ratio Decidendi

The sentences imposed for attempted murder and wounding with intent were too high given the factual findings, including lack of premeditation, joint enterprise, and the appellants not being principal offenders. The correct sentences are 15 years for attempted murder and 8 years for wounding with intent, to run concurrently.

Court Disposition

appeal allowed in part

Orders

  • Sentence of 18 years' imprisonment for attempted murder quashed and substituted with 15 years' imprisonment
  • Sentence of 10 years' imprisonment for wounding with intent quashed and substituted with 8 years' imprisonment