Hussain, R v

Hussain, R v

The court found that, based on the unchallenged basis of plea and answers to the four Avis questions, exceptional circumstances existed to justify departure from the statutory minimum sentence for the disguised firearm offence. The appropriate sentence was reduced to 32 months' detention with credit for guilty plea. The driving disqualification and extended test order were unlawful and corrected. The committal for sentence by the magistrates' court was defective and quashed.

Parties
Prosecution: Regina; Applicant: Mohammed Shahel Hussain
Jurisdiction
England and Wales
Judgment Date
30 January 2019
Procedural Posture
Criminal Appeal / Judgment on Application for Leave to Appeal Against Sentence
Outcome
appeal allowed in part
Legal Topics
Firearms Offences, Dangerous Driving, Driving While Disqualified, Sentencing, Exceptional Circumstances, Minimum Sentence, Disqualification From Driving, Committal for Sentence
Criminal Law Firearms Offences Dangerous Driving Driving While Disqualified Sentencing Exceptional Circumstances Minimum Sentence Disqualification From Driving +1 more

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Parties

Regina

Prosecution

Mohammed Shahel Hussain

Applicant

Procedural Posture

Criminal Appeal / Judgment on Application for Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether exceptional circumstances existed to justify departure from the statutory minimum sentence for possession of a disguised firearm
  2. 2 Whether the sentencing judge gave sufficient weight to mitigating factors
  3. 3 Whether the disqualification from driving and extended test order were lawful

Ratio Decidendi

The court found that, based on the unchallenged basis of plea and answers to the four Avis questions, exceptional circumstances existed to justify departure from the statutory minimum sentence for the disguised firearm offence. The appropriate sentence was reduced to 32 months' detention with credit for guilty plea. The driving disqualification and extended test order were unlawful and corrected. The committal for sentence by the magistrates' court was defective and quashed.

Court Disposition

appeal allowed in part

Orders

  • Sentence for disguised firearm reduced to 32 months' detention
  • Other sentences of detention upheld