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
Legal Issues
- 1 Whether the sentences imposed for sexual assault and assault occasioning actual bodily harm were manifestly excessive
- 2 Application of Sentencing Guidelines Council's Definitive Guideline
- 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.
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