Mufty & Anor, R. v

Mufty & Anor, R. v

Despite inadequacies in the summing-up, including insufficient direction on DNA evidence and speculation, the convictions were safe due to the strength of the circumstantial and forensic evidence. The sentence for possession of ammunition was unlawful as it exceeded the statutory maximum and was reduced accordingly.

Parties
Prosecution: Regina; Appellant: Payam Abdul Karim Mufty; Appellant: Hamza Malik
Jurisdiction
England and Wales
Judgment Date
02 February 2017
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Conviction and Sentence
Outcome
appeals against conviction dismissed; sentences varied to comply with statutory maximums
Legal Topics
Firearms Offences, Drug Offences, Admissibility of Evidence, Jury Directions, Bad Character Evidence, Sentencing
Criminal Law Firearms Offences Drug Offences Admissibility of Evidence Jury Directions Bad Character Evidence Sentencing

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Parties

Regina

Prosecution

Payam Abdul Karim Mufty

Appellant

Hamza Malik

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial judge erred in admitting DNA evidence and in the directions given to the jury regarding its evaluation
  2. 2 Whether the trial judge erred in admitting evidence of a prior shooting incident involving Malik
  3. 3 Whether the summing-up was inadequate regarding separate consideration of defendants and counts, joint possession, and speculation

Ratio Decidendi

Despite inadequacies in the summing-up, including insufficient direction on DNA evidence and speculation, the convictions were safe due to the strength of the circumstantial and forensic evidence. The sentence for possession of ammunition was unlawful as it exceeded the statutory maximum and was reduced accordingly.

Court Disposition

appeals against conviction dismissed; sentences varied to comply with statutory maximums

Orders

  • Sentence for possession of ammunition reduced to 4 years concurrent for both appellants
  • Renewed application for permission to appeal against sentence dismissed