Hussain, R v [2019] EWCA Crim 362 (30 January 2019)

Hussain, R v [2019] EWCA Crim 362 (30 January 2019)

On the unchallenged basis of plea, the facts supported exceptional circumstances justifying departure from the statutory minimum sentence for the disguised firearm offence. The sentencing judge failed to properly address these submissions. The correct sentence for the firearms offence was 32 months' detention after...

Source-derived case information.

Citation
[2019] EWCA Crim 362
Parties
Prosecution: Regina; Applicant: Mohammed Shahel Hussain
Jurisdiction
England and Wales
Judgment Date
30 January 2019
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Firearms Offences, Dangerous Driving, Driving While Disqualified, Exceptional Circumstances, Sentencing, Disqualification From Driving
Criminal Law Firearms Offences Dangerous Driving Driving While Disqualified Exceptional Circumstances Sentencing Disqualification From Driving

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Parties

Regina

Prosecution

Mohammed Shahel Hussain

Applicant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether exceptional circumstances justified departure from the statutory minimum sentence for possession of a disguised firearm
  2. 2 Lawfulness of driving disqualification and extended test order
  3. 3 Lawfulness of committal for sentence for summary offences

Ratio Decidendi

On the unchallenged basis of plea, the facts supported exceptional circumstances justifying departure from the statutory minimum sentence for the disguised firearm offence. The sentencing judge failed to properly address these submissions. The correct sentence for the firearms offence was 32 months' detention after credit for guilty plea. The driving disqualification and extended test order were unlawful and required correction. The committal for sentence for summary offences was defective and sentences quashed.

Court Disposition

appeal allowed in part

Orders

  • Sentence for disguised firearm offence reduced to 32 months' detention
  • All other sentences of detention upheld