R v Fayaz Ahmed & Ors
The sentences imposed were unduly lenient because the trial judge failed to sufficiently adjust the starting point to reflect the extreme vulnerability and psychological harm suffered by the victim, and did not properly account for aggravating features such as grooming and multiple offences. Upward adjustments were required, and the aggregate sentences imposed were below the minimum reasonable range.
- Parties
- Prosecution: Rex; Offender: Fayaz Ahmed; Offender: Imtiaz Ahmed; Offender: Ibrar Hussain
- Jurisdiction
- England and Wales
- Judgment Date
- 13 June 2025
- Procedural Posture
- Criminal Appeal / Reference by Attorney General Under S.36 Criminal Justice Act 1988
- Outcome
- Sentences quashed and substituted with higher sentences for all offenders.
- Legal Topics
- Rape, Sentencing, Sexual Offences, Unduly Lenient Sentences, Vulnerability, Psychological Harm
Case Brief
Summary, issues, holding and outcome
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Parties
Rex
Prosecution
Fayaz Ahmed
Offender
Imtiaz Ahmed
Offender
Ibrar Hussain
Offender
Procedural Posture
Criminal Appeal / Reference by Attorney General Under S.36 Criminal Justice Act 1988
Legal Issues
- 1 Were the sentences imposed on the offenders unduly lenient?
- 2 Did the trial judge properly adjust the starting point to reflect harm and gravity?
- 3 Should upward adjustments have been made for aggravating features such as vulnerability and grooming?
Ratio Decidendi
The sentences imposed were unduly lenient because the trial judge failed to sufficiently adjust the starting point to reflect the extreme vulnerability and psychological harm suffered by the victim, and did not properly account for aggravating features such as grooming and multiple offences. Upward adjustments were required, and the aggregate sentences imposed were below the minimum reasonable range.
Court Disposition
Sentences quashed and substituted with higher sentences for all offenders.
Orders
- Sentence for Ibrar Hussain quashed and substituted with 10 years' imprisonment concurrent.
- Sentence for Imtiaz Ahmed quashed and substituted with 11 years' imprisonment.
Full Case Text
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