Ali, R. v [2023] EWCA Crim 1558 (05 September 2023)

Ali, R. v [2023] EWCA Crim 1558 (05 September 2023)

The absence of a delay direction did not render the conviction unsafe as there was no evidence or argument that delay prejudiced the defence; the sentence imposed was within the proper range for Category 1A rape offending, considering the number, nature, and seriousness of the offences, and was not manifestly excessive.

Citation
[2023] EWCA Crim 1558
Parties
Respondent: Rex (The Crown); Appellant: Omar Ali
Jurisdiction
England and Wales
Judgment Date
05 September 2023
Procedural Posture
Criminal Appeal / Renewed Application for Leave to Appeal Conviction and Sentence
Outcome
Renewed applications for leave to appeal conviction and sentence dismissed
Legal Topics
Rape, Assault Occasioning Actual Bodily Harm (abh), Sending Electronic Communication With Intent to Cause Distress and Anxiety, Appeal Against Conviction, Appeal Against Sentence, Jury Directions, Delay in Reporting Sexual Offences
Criminal Law Rape Assault Occasioning Actual Bodily Harm (abh) Sending Electronic Communication With Intent to Cause Distress and Anxiety Appeal Against Conviction Appeal Against Sentence Jury Directions Delay in Reporting Sexual Offences

Case Brief

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Parties

Rex (The Crown)

Respondent

Omar Ali

Appellant

Procedural Posture

Criminal Appeal / Renewed Application for Leave to Appeal Conviction and Sentence

Legal Issues

  1. 1 Whether the absence of a jury direction on delay rendered the conviction unsafe
  2. 2 Whether the sentence imposed was manifestly excessive or improperly categorized under sentencing guidelines

Ratio Decidendi

The absence of a delay direction did not render the conviction unsafe as there was no evidence or argument that delay prejudiced the defence; the sentence imposed was within the proper range for Category 1A rape offending, considering the number, nature, and seriousness of the offences, and was not manifestly excessive.

Court Disposition

Renewed applications for leave to appeal conviction and sentence dismissed

Orders

  • Permission to appeal conviction refused
  • Permission to appeal sentence refused