Morad, R. v

Morad, R. v

The sentences imposed were manifestly excessive in light of the mitigating factors, including early guilty pleas, previous good character, limited degree of sexual assault, and minor physical injury. The appropriate sentences are 15 months' imprisonment for sexual assault and 9 months' imprisonment for assault occasioning actual bodily harm, to run consecutively.

Parties
Prosecution: Regina; Appellant: Omed Morad
Jurisdiction
England and Wales
Judgment Date
04 March 2008
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Sentencing, Sexual Assault, Assault Occasioning Actual Bodily Harm, Principle of Totality

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Omed Morad

Appellant

Procedural Posture

Criminal Appeal / Judgment

  1. 1 Whether the sentences imposed for sexual assault and assault occasioning actual bodily harm were manifestly excessive
  2. 2 Application of Sentencing Guidelines Council's Definitive Guideline
  3. 3 Consideration of aggravating and mitigating factors

Ratio Decidendi

The sentences imposed were manifestly excessive in light of the mitigating factors, including early guilty pleas, previous good character, limited degree of sexual assault, and minor physical injury. The appropriate sentences are 15 months' imprisonment for sexual assault and 9 months' imprisonment for assault occasioning actual bodily harm, to run consecutively.

Court Disposition

appeal allowed in part

Orders

  • Sentence for sexual assault reduced from two years to 15 months' imprisonment.
  • Sentence for assault occasioning actual bodily harm reduced from 12 months to 9 months' imprisonment, to run consecutively.