Rakib, R v

Rakib, R v

The jury was entitled to infer exposure on the second occasion from the strong similarities to the first incident; the sentence of a community order was appropriate despite time spent on remand due to the need for rehabilitation and public protection; however, the costs order was wrong in principle as it failed to account for the period the appellant was unable to earn while on remand.

Parties
Prosecution: Regina; Defendant: Mohammed Rakib
Jurisdiction
England and Wales
Judgment Date
01 April 2011
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction, Sentence, and Costs Order
Outcome
Appeal against conviction and sentence dismissed; appeal against costs order allowed.
Legal Topics
Sexual Offences, Sentencing, Community Orders, Remand Credit, Costs Orders
Criminal Law Sexual Offences Sentencing Community Orders Remand Credit Costs Orders

Case Brief

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Parties

Regina

Prosecution

Mohammed Rakib

Defendant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction, Sentence, and Costs Order

Legal Issues

  1. 1 Whether the conviction for exposure was safe given the evidence for the second incident
  2. 2 Whether the sentence imposed properly accounted for time spent on remand
  3. 3 Whether the costs order was just in light of time spent on remand

Ratio Decidendi

The jury was entitled to infer exposure on the second occasion from the strong similarities to the first incident; the sentence of a community order was appropriate despite time spent on remand due to the need for rehabilitation and public protection; however, the costs order was wrong in principle as it failed to account for the period the appellant was unable to earn while on remand.

Court Disposition

Appeal against conviction and sentence dismissed; appeal against costs order allowed.

Orders

  • Conviction upheld
  • Sentence of community order with requirements upheld